Phul Kumari Devi @ Phul Kumar Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.798 of 2018 Arising Out of PS.Case No. -232 Year- 2017 Thana -LAUKHI District- MADHUBANI ====================================================== Phul Kumari Devi @ Phul Kumar Devi Wife of Sri Dipendra Mandal Resident of village- Tharhi, Police Station- Laukahi, District- Madhubani .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manoj Kumar Singh For the Opposite Party/s : Mr. Smt. Gulnar Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-01-2018 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Laukahi P.S. Case No. 232 of 2017 for the offences punishable under Sections 272, 273/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The case of the prosecution is that upon receipt of secret information, the police has conducted raid at the house of Pintu Mandal and recovered 667.80 liters of Nepali liquor whereafter entire family members of the accused Pintu Mandal and Amit Mandal were made accused in the present case. The learned counsel for the petitioner submits that if any liability is there, it is on the said Pintu Mandal and Amit

Patna High Court Cr.Misc. No.798 of 2018 (2) dt.18-01-2018 2/2 Mandal. However, the other family members have been roped in just on the basis of suspicion and on account of law being such that in case if any prohibited item is recovered, then all the family members are implicated in the case. No direct allegation has been levelled against the petitioner and no recovery has been made from her conscious possession. It is further submitted that the petitioner has a clean antecedent and she is in custody since 25.11.2017.

Considering the nature of accusation, the period of custody already undergone and the fact that the petitioner has a clean antecedent, the petitioner, above named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge (Excise), Madhubani in connection with Laukahi P.S. Case No. 232 of 2017.

(Mohit Kumar Shah, J) BTiwary/- U T