Bachi Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51043 of 2018 Arising Out of PS. Case No.-81 Year-2018 Thana- NAGARNAUSA District- Nalanda ====================================================== Bachi Devi, W/o Udit Ram, R/o Vill-Nagarnausa, P.S. Nagarnausa, DisttNalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ganesh Sharma For the Opposite Party/s :

Mr. Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 20-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Nagarnausa P.S. Case no. 81 of 2018 registered for the offence punishable under Sections 30(a), 38(a) and 41 of the Bihar Prohibition and Excise Act, 2016.

46 lts. of country made liquor is said to have been recovered from the house of Rudal Ram, who managed to escape while his mother, namely, Bachi Devi was apprehended from the said house.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from conscious physical possession of the petitioner. She has no concern either

Patna High Court Cr.Misc. No.51043 of 2018(2) dt.20-08-2018 2/2 with the seized liquor or with any trade of liquor. The house of the petitioner is inhabited by her several other family members and she had no knowledge of keeping of liquor in the house. She happens to be old lady aged about 69 years. She has no criminal antecedent. She has been languishing in custody since 19.07.2018.

In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. District & Sessions Judge-VI-cum Special Judge, Excise Act, Nalanda, Biharsharif in connection with Nagarnausa P.S. Case no. 81 of 2018.

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