Mina Devi And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.52932 of 2018 Arising Out of PS.Case No. -238 Year- 2018 Thana -GAYA MUFASIL District- GAYA ======================================================
1. Mina Devi, W/o. Late Rameshwar Choudhary,
2. Ashish Choudhary, S/o. Late Rameshwar Choudhary, both are R/o. Village-Manpur Malah Toli, P.S.- Muffasil, District- Gaya. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vishwa Ranjan Choudhary For the Opposite Party/s : Mrs. Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 28-08-2018 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners seek bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
13.125 litres of foreign liquor and 80 litres of mahua liquor are said to have been recovered from the house of the petitioners and petitioners were apprehended. 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 in the case at the instance of their enemies. The house of the
Patna High Court Cr.Misc. No.52932 of 2018 (2) dt.28-08-2018 2/2 petitioners is inhabited by their several family members and they had no knowledge of keeping of the said liquor in the house. There is violation of Section 100 Cr.P.C. Petitioner no. 1 happens to be leady. They have no criminal antecedent. They have been languishing in custody since 16.07.2018.
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, Gaya in connection with Muffasil P.S. Case No. 238 of 2018.
(Prakash Chandra Jaiswal, J) Kr. Uday/- U T