Bina Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32617 of 2019 Arising Out of PS. Case No.-642 Year-2018 Thana- HILSA District- Nalanda ====================================================== BINA DEVI, Wife of Subhash Paswan Resident of Village- Pachrukhia, P.S.- Hilsa, District- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-05-2019 Heard learned counsels for the petitioner and the State.

The petitioner is languishing in custody since 27.03.2019 in a case registered for the offences punishable under Sections 272 and 273/34 of the IPC and Sections 30(a) and 37(c) of the Bihar Prohibition and Excise Act, 2016.

It is alleged that 62 litres of country made liquor were recovered from the house of co-accused Mishri Paswan, who happens to be the father-in-law of the petitioner. It is submitted by learned counsel for the petitioner that the petitioner resides outside the state and the recovery has not been made from the conscious physical possession of the petitioner. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.

Patna High Court CR. MISC. No.32617 of 2019(2) dt.28-05-2019 2/2 Learned APP submits that recovery has been made from the joint family house of the petitioner.

Considering the nature of recovery, period under custody and petitioner being a lady, coupled with the statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Additional District and Sessions Judgecum-Special Judge, Excise, Nalanda at Biharsharif in connection with Hilsa P.S. Case No. 642 of 2018. (Dinesh Kumar Singh, J) Amrendra/- U T