Veena Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34874 of 2016 Arising Out of PS.Case No. -109 Year- 2016 Thana -ALAMGANJ District- PATNA ====================================================== Veena Devi Wife of Jagdish Prasad Resident of Mohalla- Durgacharan Lane, P.S Alamganj, Dist Patna.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rudra Deo, Advocate For the Opposite Party/s : Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 31-08-2016 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner apprehends arrest in connection with Alamganj P.S. Case No. 109/16 for offences alleged under Sections 47/49 of the Bihar Excise (Amendment) Act, 2016. Allegation is that co-accused Jagdish Prasad was apprehended at the spot and he disclosed that he used to sell country-made liquor with the help of his wife Veena Devi (petitioner). In course of search 1152 bottles of country-made liquor in 24 cartoons, each bottle containing 200 ml., was recovered.
It has been submitted by the learned counsel for the petitioner that she is the wife of co-accused Jagdish Prasad and
Patna High Court Cr.Misc. No.34874 of 2016 (2) dt.31-08-2016 2/2 said Jagdish Prasad is in custody since 07.04.2016. He submits that when Jagdish Prasad was apprehended he named his wife as helping him in preparation of country-made liquor. He further submits that the petitioner lives separately with her three children, works as labourer and is not involved in preparation of countrymade liquor with her husband. However, learned APP for the State submits that the petitioner is named by the co-accused, hence, opposes the prayer for bail.
Be that as it may, since the husband of the petitioner, who was apprehended by the police, is in custody, let petitioner, above named, in the event of his arrest or surrender before the court below within a period of eight weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate, Patna City, Patna, in connection with Alamganj P.S. Case No. 109/16, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Nilu Agrawal, J.) Rajesh/- U T