Binda Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31464 of 2016 Arising Out of PS.Case No. -69 Year- 2016 Thana -BARHARIA District- SIWAN ======================================================

1. Binda Devi, W/o Motilal Sah

2. Birendra Sah, S/o Late Naresh Sah Both R/o Village and P.S.- Barhariya, District- Siwan .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rakesh Kumar Tiwary, Advocate For the Opposite Party/s : Mr. Ajit Kumar, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 18-08-2016 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. Petitioner no.1 Binda Devi is apprehending her arrest in connection with Barhariya P.S. Case No.69 of 2016 for allegedly having committed the offence under Section 47 of the Bihar Excise Amendment Act, 2016.

It appears that from the market complex, certain cartons of country-made liquor were recovered. However, the said recovery was not made from the conscious possession of the present petitioner.

Having perused the materials on record and also that the said case seems to be out of political vendetta, let Petitioner no.1 Binda Devi, in the event of her arrest or

Patna High Court Cr.Misc. No.31464 of 2016 (3) dt.18-08-2016 2/2 surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bond of `10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Siwan, in connection with Barhariya P.S. Case No.69 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) PNM U T