Rekha Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.53800 of 2018 Arising Out of PS.Case No. -352 Year- 2018 Thana -DANAPUR District- PATNA ====================================================== Rekha Devi, Wife of Late Shadhu Manjhi, Resident of Nasriganj, Biscuit Factory More, Musahari, Police Station - Danapur, District - Patna. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dhananjay Kumar Tiwary For the Opposite Party/s : Mr. Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 30-08-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
19 litres of country made liquor is said to have been recovered from the hut of the petitioner and the petitioner was apprehended during the course of escaping from the said hut. 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 the case at the instance of her enemies. The hut of the petitioner is inhabited by her several family members and she had no
Patna High Court Cr.Misc. No.53800 of 2018 (2) dt.30-08-2018 2/2 knowledge of keeping of the liquor in the said hut. Seizure list does not bear the signature of the petitioner. There is violation of Section 100 Cr.P.C. She has no criminal antecedent. She happens to be lady and has been languishing in custody since 06.06.2018. Considering the facts aforesaid, 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 Special Judge, Excise, Patna in connection with Danapur P.S. Case No. 352 of 2018, Special Case No. 5218 of 2018.
(Prakash Chandra Jaiswal, J) Mishra/- U T