Shahjadi @ Sarita Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28765 of 2017 Arising Out of PS.Case No. -17 Year- 2017 Thana -BHAGALPUR RAIL P.S. DistrictBHAGALPUR ====================================================== Shahjadi @ Sarita Khatoon Wife of Md. Israil Resident of Village-Anjuman Nagar, P.S. Giriwabari District Sahebganj .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shiwesh Chandra Mishra, Advocate For the Opposite Party/s : Mr. Sri Mustaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 01-07-2017 Heard learned counsel for the petitioner and learned APP for the State.

This is a case registered under Sections 30(A) and 38 of Bihar Excise (Amendment) Act.

Counsel for the petitioner submits that the allegation against the petitioner that she was carrying 24.5 litres of liquor is false as the recovery was not made from her conscious possession. He relies upon the order dated 01.05.2017 passed in Cr. Misc. No. 20247 of 2017 and order dated 16.05.2017 passed in Cr. Misc. No. 22233 of 2017 whereby other co-accused who have been named along with the petitioner in the FIR and in fact against whom recovery of larger quantity of liquor is attributed, have already

Patna High Court Cr.Misc. No.28765 of 2017 (2) dt.01-07-2017 2/2 been granted bail.

In the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Special Judge Excise Act, Bhagalpur in G.R.P.S. Case No. 17 of 2017.

(Madhuresh Prasad, J) Prakash/- U T