Mina Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35110 of 2018 ====================================================== Mina Devi, Wife of Ram Kripal Sahni, Resident of Dadhi, P.S.- Khajuri, Distt- Dhanusha (Nepal), A/p R/o Harsuaar, P.S.- Harlakhi, DisttMadhubani (Bihar). .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Md. Soban Asghar For the Opposite Party/s : Mr. Sufiyan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 22-06-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 272 & 273 of the Indian Penal Code and Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

18.600 liters of Nepali liquor is said to have been recovered from the house of the petitioner and petitioner was apprehended.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. She has no concern with the seized liquor. She has been falsely implicated in this case at the instance of her enemy. The house of the petitioner

Patna High Court Cr.Misc. No.35110 of 2018 (2) dt.22-06-2018 - 2 - is inhabited by her several family members and she had no knowledge of keeping the said liquor in the house. She happens to be a lady. Though one more case has been lodged against the petitioner under Excise Act but she is on bail in the said case. She has been languishing in custody since 13.03.2018. In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail 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 Act, Madhubani in connection with Harlakhi P.S. Case No. 220 of 2017 (G.R. No. 887/2017).

(Prakash Chandra Jaiswal, J) Trivedi/- U T