Phulmati Devi @ Fulmati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51648 of 2018 Arising Out of PS. Case No.-373 Year-2018 Thana- DIGHA District- Patna ====================================================== Phulmati Devi @ Fulmati Devi, S/o Late Sunil Manjhi, R/v Digha Railway Line Musahri, P.S. Digha, Distt-Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kumar Sinha For the Opposite Party/s :

Smt. Pronati Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 23-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Digha P.S. Case no. 373 of 2018 registered for the offence punishable under Sections 30(a)(d) and 38(i) of the Bihar Prohibition and Excise Act, 2016.

15 lts. of country made liquor is said to have been recovered from the hut of the petitioner and she 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.51648 of 2018(2) dt.23-08-2018 2/2 the instance of her enemy. The hut of the petitioner is inhabited by her several other family members and she had no knowledge of keeping of liquor in the hut. The seizure list does not bear her signature. She happens to be lady. She has no criminal antecedent. She has been languishing in custody since 24.07.2018.

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 Special Judge, Excise, Patna in connection with Digha P.S. Case no. 373 of 2018.

(Prakash Chandra Jaiswal, J) rohit/- U T