Gita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46266 of 2018 Arising Out of PS. Case No.-188 Year-2018 Thana- MINAPUR District- Muzaffarpur ====================================================== Gita Devi, W/o Kappal Ram, R/o Chhagan Neura, P.S.- Minapur, DistrictMuzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajiv Kumar For the Opposite Party/s :

Mr.Sri Nityanand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 01-07-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends her arrest in connection with Minapur P.S. Case No. 188 of 2018, registered under Sections 272 and 273 of the Indian Penal Code and Sections 30(a), 38, 41 and 48 of the Bihar Excise Act, 2016. The accusation is that on receiving the secret information about selling of illicit liquor by Kappal Ram and wife (petitioner) in the village Chhagan Neura Chauk, the informant along with police personnel reached there then saw one person started fleeing away from Gumti but on chase, he succeeded to flee away taking advantage of gathering. On search, six bottles each containing 375 ml Indian made foreign

Patna High Court CR. MISC. No.46266 of 2018(5) dt.01-07-2019 2/2 liquor and two liters country made liquor kept in a plastic gallon were recovered. The local people disclosed that Kappal Ram, husband of the petitioner, concealed the aforesaid seized liquor in the field of Kameshwar Prasad Verma.

Learned counsel for the petitioner submits that, in fact, petitioner is the wife of Kappal Ram and due to that reason, she has falsely been implicated in the present case. The aforesaid illicit liquor was seized from the land of Makeshwar Prasad Verma not from the house of the petitioner and she has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner. be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise, Muzaffarpur, in connection with Minapur P.S. Case No. 188 of 2018, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T