Patna High CourtCR. MISC./4714/2018bail granted

Ramawati Devi v. The State Of Bihar

2018-02-05Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4714 of 2018 Arising Out of PS.Case No. -304 Year- 2017 Thana -RAMNAGAR DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Ramawati Devi W/o Late Veerat Mahto, R/o Village- Dhargad Toli, P.S.- Ramnagar, District- West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bimlesh Kumar Pandey For the Opposite Party/s : Mr. Sri Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 05-02-2018 Heard the learned counsels for the parties.

The petitioner seeks bail in anticipation of her arrest in connection with Ramnagar P.S. Case No. 304/2017 dated 01.09.2017 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Three houses were raided by the police force and from there, country made liquor was recovered. From the house of the petitioner, it is alleged that 4 litres of country made liquor was recovered.

Learned counsel for the petitioner has submitted that three women were made accused in the case without their husbands being arraigned in the column of the accused persons. Admittedly, it has been submitted, nobody was found in those houses from where

Patna High Court Cr.Misc. No.4714 of 2018 (2) dt.05-02-2018 2/2 country made liquor was recovered. It has been submitted that the petitioner had no idea as to how the liquor was shown to have been recovered from her house. It has further been submitted that this could be a case of planting of liquor for falsely implicating the petitioner.

Considering the aforesaid facts and also taking into account that the petitioner is a lady, she is directed to be released on bail, in the event of her surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on her furnishing bond in the sum of Rs. 10,000/- (Ten Thousand), with two sureties of the like amount each to the satisfaction of the learned Special Judge (Excise), Bettiah, West Champaran in connection with Ramnagar P.S. Case No. 304/2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Ashutosh Kumar, J.) Rakhi U T