Musani Kuwer @ Musani Kuer v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49766 of 2018 Arising Out of PS. Case No.-90 Year-2018 Thana- KUTUMBA District- Aurangabad ====================================================== Musani Kuwer @ Musani Kuer, Wife of Late Dharmendra Paswan, resident of Village- Murila, P.S.- Kuttumba, District- Aurangabad (Bihar). ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Leelawati Kumari For the Opposite Party/s :

Mr. Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 14-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Kuttumba P.S. Case no. 90 of 2018 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3.750 lts. of country made liquor is said to have been recovered from asbestos house of the petitioner and he was apprehended.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from conscious physical possession of the petitioner. She has no concern with the seized liquor. She has been falsely implicated in this case at

Patna High Court Cr.Misc. No.49766 of 2018(3) dt.14-08-2018 2/2 the instance of her enemy. The house of the petitioner is inhabited by her several other family members and she had no knowledge of keeping of liquor in the said house. There is no compliance of Section 100 Cr.P.C. She happens to be lady. She has no criminal antecedent. She has been languishing in custody since 07.06.2018.

In the facts and circumstances of the case, the above named petitioner is directed to be enlarged 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 Addl. Sessions Judge-VII-cum-Special Judge, Excise, Aurangabad in connection with Kuttumba P.S. Case no. 90 of 2018. (Prakash Chandra Jaiswal, J) rohit/- U T