Ratiya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27389 of 2019 Arising Out of PS. Case No.-38 Year-2019 Thana- KURSAILA District- Katihar ====================================================== RATIYA DEVI Wife of Natwar Mahto, Resident of Patthar Tola, P.S-Kursela, District-Katihar.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar Singh For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 25-04-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is in custody in connection with Kursela P.S. Case No. 38 of 2019, registered for the offence punishable under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that the petitioner has no criminal antecedent. Learned counsel for the petitioner further submits that in the instant case total 30 liters Mahua liquor was seized. Learned counsel for the petitioner next contended that recovery was made from joint house of the petitioner and seizure list was not prepared in accordance with mandatory requirements of provision Section 100 Cr.P.C. Learned counsel for the petitioner submits that petitioner is in

Patna High Court CR. MISC. No.27389 of 2019(2) dt.25-04-2019 2/2 custody since 16.03.2019.

Considering the fact that petitioner has no criminal antecedent, the Court is inclined to grant bail to the petitioner. Let the petitioner named above be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J. 2nd cum Special Judge, Excise, Act, Katihar, in connection with Kursela P.S. Case No. 38 of 2019. (Anil Kumar Upadhyay, J) T.Kr./- U T