Sunita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22217 of 2018 Arising Out of PS.Case No. -481 Year- 2017 Thana -LAKHISARAI District- LAKHISARAI ====================================================== Sunita Devi, W/o Vakil Nishad, R/o Vill.- Naya Kasaha, P.S.- Hathidah, District- Patna.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Mrigendra Kumar, Advocate. For the State : Mr. Sanjay Kumar Tiwary 1, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-05-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 27.12.2017 in a case for the offence registered under Sections 272, 273 of the I.P.C, 30(a), 32(c) and 38(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution story, in brief, is that total 230 liters wine is said to have been recovered.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. Charge sheet/prosecution report has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been

Patna High Court Cr.Misc. No.22217 of 2018 (3) dt.10-05-2018 2/2 implicated in the present case. It is alleged that total 230 liters wine is recovered from the Scorpio vehicle in question. The petitioner is alleged to be the co-passenger in the said vehicle. The petitioner had no knowledge regarding the liquor kept in the vehicle. There is no compliance of Section 100 Cr. P.C. On behalf of the State, it is submitted that the petitioner is named in the F.I.R/ Complaint Case. Considering the aforesaid facts and circumstances, let the petitioner above named, be released 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 Additional District & Sessions Judge-II-cum-Special Judge (Excise), Lakhisarai, in connection with Lakhisarai (Kabaiya) P.S. Case No. 481 of 2017. U.K./- (Sudhir Singh, J) U T