Mamta Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19236 of 2018 Arising Out of PS.Case No. -28 Year- 2018 Thana -GAYA MUFFSIL District- GAYA ====================================================== Mamta Devi, Wife of Late Suresh Paswan, Resident of Village- Manpur, Gandhi Nagar, P.S.- Muffasil, District- Gaya. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : M/S. Deepak Kumar, Dhananjay Kumar Gupta and Harish Chandra Patel, Advocates.

For the Opposite Party : Mr. Sanjay Kumar Singh, A.P.P. 193. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-04-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending her arrest in a case for the offence registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution story, in brief, is that total 40 liters wine is said to have been recovered.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has been made accused in the present case due to mistake of fact. The petitioner denies that she was

Patna High Court Cr.Misc. No.19236 of 2018 (2) dt.04-04-2018 2/2 apprehended by the police. The petitioner is a lady. It is alleged that total 40 liters wine is recovered from Manpur Railway Station, Gaya. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner had no knowledge regarding the alleged incident. There is no compliance of Section 100 Cr. P.C.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R/ Complaint Case. Considering the aforesaid facts and circumstances, let the petitioner above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Act, Gaya, in connection with Mufassil P.S. Case No. 28/2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T