Patna High CourtCR. MISC./43069/2018bail granted

Lila Devi v. The State Of Bihar

2018-07-26Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43069 of 2018 Arising Out of PS.Case No. -271 Year- 2017 Thana -MAGADH MEDICAL COLLEGE DistrictGAYA ====================================================== Lila Devi W/o Late Raju Manjhi, R/o Vill.- Kaler Near Medical School, P.S.- Magadh Medical, District- Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar Saxena For the Opposite Party/s : Mr. Smt. Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 26-07-2018 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 30(a)(d) and 38(1)(2) of the Bihar Prohibition and Excise Act, 2016.

2.5 litres of country made liquor and 75 litres of Java Mahua which was destroyed in the course of excavating are said to have been recovered from the house of the petitioner. 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 article. The house of the petitioner is

Patna High Court Cr.Misc. No.43069 of 2018 (3) dt.26-07-2018 2/2 inhabited by several family members and she had no knowledge of keeping of the said article in the house. She was not apprehended on the spot. There is violation of Section 100 Cr.P.C. She happens to be lady. She has been languishing in custody since 18.05.2018. Considering the facts aforesaid, 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, Gaya in connection with Magadh Medical P.S. Case No. 271 of 2017.

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