Neelam Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47259 of 2018 Arising Out of PS. Case No.-236 Year-2018 Thana- TEGHRA District- Begusarai ======================================================

1. Neelam Devi W/o Arjun Singh.

2. Gaytri Devi, W/o Laxman Mahto.

Both R/o Vill-Barauni-03, P.S. Teghra, Distt-Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sada Nand Roy For the Opposite Party/s :

Mr. Ahtash Ali Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 02-08-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in connection with Teghra P.S. Case no. 236 of 2018 registered under Section 30(a) of Bihar Excise and Prohibition Act-2016.

18 lts. of foreign liquor is said to have been recovered from joint house of the petitioner Neelam Devi and 143.775 lts. of foreign liquor from joint brinjal field of petitioners Neelam Devi and Gaytri Devi and they were apprehended.

It is submitted by learned counsel for the petitioners that no incriminating article has been recovered from conscious physical possession of the petitioners. They have no

Patna High Court Cr.Misc. No.47259 of 2018(2) dt.02-08-2018 2/2 concern with the seized liquor. They have been falsely implicated in this case at the instance of their enemies. The house of the petitioner Neelam Devi is inhabited by her several other family members and she had no knowledge of keeping of liquor in the house while joint field of petitioners is open land and easily accessible to anyone and they had no knowledge of keeping of liquor in their field. They have no criminal antecedent. They have been languishing in custody since 27.06.2018.

In the facts and circumstances of the case, the above named petitioners are directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge-II-cum-Special Judge Excise Act, Begusarai in connection with Teghra P.S. Case no. 236 of 2018. (Prakash Chandra Jaiswal, J) rohit/- U T