Urmila Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24073 of 2020 Arising Out of PS. Case No.-860 Year-2019 Thana- MOTIHARI TOWN District- East Champaran ====================================================== URMILA DEVI W/o Late Bhushan Giri @ Bhutan @ Bhutan Patel R/o village- Raghunathpur, Ward No. 05, P.S.- Raghunathpur, O.P.- Turkaulia, District- Eest Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravindra Kumar, Advocate.

For the Opposite Party/s :

Mrs. Pushpa Sinha-I, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-11-2020 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual Court proceedings. The petitioner apprehends her arrest in a case registered for the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

37.800 liters of Nepali liquor is said to have been recovered from a Thela.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. She has no concern either with the seized liquor or the place of recovery or any trade of liquor. She has been falsely implicated in this case by the police due to some altercation between them on her refusal to cough up the demand of graft made by them. There is violation of Section 100 Cr.P.C.

Patna High Court CR. MISC. No.24073 of 2020(3) dt.25-11-2020 2/2 Petitioner is agreed to deposit a sum of Rs.5000.00 (Rupees Five Thousand) in the Chief Minister's Relief Fund, Bihar, bearing Account No.2065104000002257, IFSC IBKL0002065, IDBI Bank, Kidwaipuri Branch, Patna. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-IX-cum-Special Judge Excise Excise, East Champaran at Motihari in connection with Motihari Town P.S. Case No. 860 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.5000.00 (Rupees Five Thousand) in the Chief Minister's Relief Fund.

(Anjani Kumar Sharan, J) Trivedi/- U T