Dukhani Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42313 of 2018 ====================================================== Dukhani Devi, wife of Late Mithu Manjhi, resident of Bhawar Pokhar, P.S.- Pirbahore, District-Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anurag Anand For the Opposite Party/s : Mr. Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 13-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

26 litres of country made liquor is said to have been recovered from the hut of the petitioner and the 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 the case. The hut of the petitioner is inhabited by several family members and she had no knowledge of keeping of the said liquor

Patna High Court Cr.Misc. No.42313 of 2018 (2) dt.13-07-2018 2/2 in the hut. She happens to be old lady aged about 80 years. She has no criminal antecedent. She has been languishing in custody since 23.05.2018.

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, Patna in connection with Special Case No. 4862 of 2018 arising out of Pirbahore P.S. Case No. 284 of 2018. (Prakash Chandra Jaiswal, J) Mishra/- U T