Rajani Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53210 of 2024 Arising Out of PS. Case No.-64 Year-2024 Thana- KOPA District- Saran ====================================================== Rajani Devi Wife of Ranjeet Manjhi @ Ranjit Kumar Manjhi @ Rajit manjhi R/O Vill.- Chainpur, P.s.- Kopa, Dist.- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 28-08-2024 Heard the parties

2. The petitioner is named in the F.I.R. and apprehending her arrest in connection with Kopa P.S. Case No. 64 of 2024 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2022 (Amended).

3. The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 15 litres of IMFL/country made liquor.

4. It is submitted by learned counsel appearing on behalf of the petitioner that the alleged recovery of 15 liters of illicit liquor appears to be made from the bush, (backside of the house) which is accessible to general public and as such it can be safely said that the recovery of illicit liquor was not made from the conscious physical

Patna High Court CR. MISC. No.53210 of 2024(2) dt.28-08-2024 2/2 possession of the petitioner. While concluding arguments, it is submitted that above named petitioner is a lady of clean antecedents.

5. Learned APP, opposes the prayer of bail.

6. In view of aforesaid facts and circumstances as the alleged recovery of illicit liquor appears to be made from an open place and not from the conscious physical possession of the petitioner, who is a lady of clean antecedent, accordingly, petitioner in event of her arrest or surrender before the court below within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 3rd Exclusive Special Excise Judge, Saran at Chapra/concerned Court, where the case is pending in connection with Kopa P.S. Case No. 64 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Chandra Shekhar Jha, J) Sudha/- U T