Sita Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34691 of 2018 Arising Out of PS.Case No. -76 Year- 2018 Thana -PATAHI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Sita Devi, Wife of Upendra Singh,

2. Jay Kumari Devi, Wife of Birendra Singh, Both resident of VillageBakhari, P.S.- Patahi, District- East Champaran. .... .... Petitioners.

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Krishna Kant Singh For the Opposite Party/s : Smt Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 21-06-2018 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 Sections 188, 272 & 273 of the Indian Penal Code and Section 30 (a), 34, 38 of the Bihar Prohibition and Excise Act, 2016.

116.5 liters of Nepali liquor and beer is said to have been recovered from the house of Birendra Singh kept there by him for the purpose of vending it. Petitioner no.2-Jay Kumari Devi is wife of Birendra Singh while petitioner no.1-Sita Devi is his sister-in-law were apprehended from the said house and Birendra Singh managed to escape seeing the police party. It is submitted by learned counsel for the petitioners

Patna High Court Cr.Misc. No.34691 of 2018 (02) dt.21-06-2018 - 2 - that no incriminating article has been recovered from the conscious physical possession of the petitioners. Petitioners have no concern either with the seized liquor or any trade of liquor. They happen to be housewives and had no knowledge of keeping the said liquor in the house. They have no criminal antecedent and have been languishing in custody since 06.05.2018. In the facts and circumstances of the case, 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 Additional Sessions Judge 7th-cum-Special Judge Excise, East Champaran in connection with Patahi P.S. Case No. 76 of 2018. (Prakash Chandra Jaiswal, J) Trivedi/ U T