Patna High CourtCR. MISC./49227/2018bail granted

Raj Kumari Devi And ORS v. The State Of Bihar

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

Patna High Court Cr.Misc. No.49227 of 2018 (2) dt.10-08-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49227 of 2018 Arising Out of PS.Case No. -681 Year- 2018 Thana -BIHTA District- PATNA ======================================================

1. Raj Kumari Devi, W/o Ram Pravesh Manjhi,

2. Lalu Devi @ Lalo Devi W/o Bhondu Manjhi,

3. Panma Devi W/o Rajendra Manjhi, All R/o Vill.- Raghopur, P.S.- Bihta, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Sinha For the Opposite Party/s : Mr. Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 10-08-2018 Heard learned counsel for the petitioners and learned APP for the State.

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

14 litres of country made liquor is said to have been recovered from the possession of each of the petitioners sitting in the tempo.

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

Patna High Court Cr.Misc. No.49227 of 2018 (2) dt.10-08-2018 in this case. As a matter of fact, 70 litres of liquor was recovered from the tempo, but the police instead of taking action against the driver and owner of the said tempo have shown aforesaid liquor recovered from the possession of five persons sitting in the said tempo including the petitioners. They have no criminal antecedent. They happen to be lady and have been languishing in custody since 25.06.2018.

Considering the facts aforesaid, the above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Act, Patna in connection with Special Case No. 5763 of 2018 arising out of Bihta P.S. Case No. 681 of 2018. (Prakash Chandra Jaiswal, J) Mishra/- U T