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Patna High CourtCR. MISC./23763/2018bail granted

Manjhali Devi v. The State Of Bihar

2018-04-23Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23763 of 2018 Arising Out of PS. Case No.-58 Year-2018 Thana- RAMPUR District- Gaya ====================================================== Manjhali Devi, Wife of Late Dilip Chaudhary, Resident of Mohalla- Durga Asthan, Pahartar, Police Station- Rampur and District -Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Kumar No-2 For the Opposite Party/s :

Smt. Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 23-04-2018 Heard Sri Manish Kumar No. 2 , learned counsel for the petitioner and learned Additional Public Prosecutor. The sole petitioner, who is a lady, apprehending her arrest in connection with Rampur P.S. Case No. 58 of 2018 , registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, has prayed for grant of bail in the event of her arrest or surrender.

By way of referring to the F.I.R. it was submitted by learned counsel for the petitioner that from a hut which was lying on Durga Asthan Pahari recovery of about 12 liters of country made liquor was shown and it was alleged that petitioner was the owner of the said hut, whereas, it has been

Patna High Court Cr.Misc. No.23763 of 2018(2) dt.23-04-2018 2/2 argued that petitioner resides at a different place and incorrectly she has been implicated in the present case. Besides this, by way of referring to the statement made in paragraph no. 3 of the petition it has been argued that petitioner is having clean antecedent.

Considering the nature of accusation, the fact that petitioner is a lady and also having clean antecedent, in the event of her arrest or surrender within a period of six weeks from today, let the petitioner Manjhali Devi be enlarged on bail on furnishing bail bond of Rs. 10,000/- ( rupees ten thousand ) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Gaya / concerned court in connection with Rampur P.S. Case No. 58 of 2018 subject to the conditions as contemplated under Section 438 (2) of the Code of Criminal Procedure, 1973. (Rakesh Kumar, J) praful/- U T