Patna High CourtCR. MISC./34391/2019bail granted

Pabitri Devi @ Pavitri Devi v. The State Of Bihar

2019-05-27Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34391 of 2019 Arising Out of PS. Case No.-130 Year-2019 Thana- TEGHRHA District- Begusarai ====================================================== PABITRI DEVI @ PAVITRI DEVI Wife of Late Ram Nandan Rai Resident of Village - Bangraha, P.S.- Ghatho, Distt - Samastipur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Alok Kumar Sinha For the Opposite Party/s :

Mr.Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 14.04.2019 in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. It is alleged that from the possession of the petitioner, 12 litres of country made liquor and 3 litres of Indian made foreign liquor were recovered.

It is submitted by learned counsel for the petitioner that the said recovery has not been made from the conscious physical possession of the petitioner. It is further submitted that a statement has been made in paragraph no.3 of the petition that the petitioner being a lady is not having any criminal antecedent.

Patna High Court CR. MISC. No.34391 of 2019(2) dt.27-05-2019 2/2 Learned APP for the State submits that the recovery has been made from the possession of the petitioner. Considering the quantity of recovery, the period under custody and the petitioner being a lady having no criminal anecedent, let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ADJ-II-cum-Special Judge, Excise Act, Begusarai, in connection with Teghra P.S. Case No. 130 of 2019. (Dinesh Kumar Singh, J) Ashwini/- U T