Jeera Devi v. The State Of Bihar

Patna High Court Cr.Misc. No.41722 of 2018 (2) dt.12-07-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41722 of 2018 Arising Out of PS. Case No. -87 Year- 2018 Thana -TARIYANI CHOWK District- SHEOHAR ====================================================== Jeera Devi, Wife of Jogindra Choudhary, resident of Village- Turki Kharari, P.S. Minapur, District- Muzaffarpur. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Ajay Nandan Sahay, Advocate For the Opposite Party/s : Mr. Madhuranand Jha, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 12-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Section 30(a) & 47 of the Bihar Prohibition and Excise Act, 2016.

125 liters of toddy is said to have been recovered from the tempo and the petitioner and its driver were apprehended while its owner managed to escape.

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 either with the seized toddy or the tempo in question or any trade of toddy. She happens to be a lady and simple commuter and had no knowledge of keeping of the said toddy in the tempo by its owner.

Patna High Court Cr.Misc. No.41722 of 2018 (2) dt.12-07-2018 She has been falsely implicated in this case by the police merely on suspicion. She has no criminal antecedent and has been languishing in custody since 09.06.2018.

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 Additional Sessions Judge 1st - cum-Special Judge, Sheohar in connection with Tariyani P.S. Case No. 87 of 2018 (G.R. No. 479 of 2018).

(Prakash Chandra Jaiswal, J) Trivedi/Sanjeev U T