Patna High CourtCR. MISC./63982/2019bail granted

Nutan Devi v. The State Of Bihar

2019-10-18Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63982 of 2019 Arising Out of PS. Case No.-491 Year-2019 Thana- SARAIYA District- Muzaffarpur ====================================================== Nutan Devi, W/o Krishna Mohan Thakur @ Rudal Thakur, Resident of Village - Badhnagari, P.S.- Saraiya, Distt.- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kunwar Ajit Singh For the Opposite Party/s :

Mr.Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 18-10-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Saraiyea P.S. Case No. 491 of 2019, registered under Sections 147, 149, 323, 353 and 120(b) of the Indian Penal Code and Section 45 of the Bihar Excise Act, 2016. The accusation is of recovery of 132 cartoons containing 1278.96 litres Indian made foreign liquor form the Khalihan of Krishna Mohan Thakur. At the time of recovery, some unknown ladies and gents came there, surrounded the police party and started to abuse. The police party anyhow removed the mob from there. The local Choukidar identified three persons, namely, Ram Babu Thakur, Kanhiya Thakur and

Patna High Court CR. MISC. No.63982 of 2019(2) dt.18-10-2019 2/2 this petitioner.

Learned counsel for the petitioner submits that it would appear from the F.I.R. that the seized bottles of liquor are are said to be recovered from the Khalihan of Krishna Mohan Thakur and the petitioner, being the wife of Krishna Mohan Thakur, has falsely been implicated in the present case. The petitioner, who is lady, has no criminal antecedent. Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Learned Special Judge, Excise Act, Muzaffarpur, in connection with Saraiya P.S. Case No. 491 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T