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Patna High CourtCR. MISC./49490/2018bail granted

Kumari Khushboo @ Ranju Devi v. The State Of Bihar

2018-08-10Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49490 of 2018 Arising Out of PS.Case No. -101 Year- 2018 Thana -GOVERNMENT OFFICIAL COMP. DistrictSITAMARHI ====================================================== Kumari Khushboo @ Ranju Devi, W/o. Hariom @ Shankar Sah, R/o. Village- Bhagwanpur, Ward No. 08, P.S. Bathnaha, District- Sitamarhi. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pushpendra Kumar Singh For the Opposite Party/s : Md. Ansarul Haque ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 10-08-2018 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 Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

37.800 liters of Nepali Saufi wine is said to have been recovered from the possession 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 liquor. She has been falsely implicated in this case by the police merely on suspicion while she was passing through the place of occurrence at the time of occurrence while the real culprit

Patna High Court Cr.Misc. No.49490 of 2018 (02) dt.10-08-2018 - 2 - managed to escape dumping the aforesaid liquor there seeing the police party. There is violation of Section 100 Cr.P.C. She happens to be lady and has no criminal antecedent. She has been languishing in custody since 11.07.2018.

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 A.D.J.-IInd cum Special Judge Excise Act, Sitamarhi in connection with Complaint Case No. G.O./101 of 2018.

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