Bebi Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48471 of 2018 Arising Out of PS.Case No. -211 Year- 2018 Thana -ATRI District- GAYA ======================================================
1. Bebi Devi W/o Nepali Choudhary, R/o Vill.- Tetua Tola Rampur, P.S.- Atri District- Gaya.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vishwa Ranjan Choudhary For the Opposite Party/s : Mr. Manoj Kumar - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 08-08-2018 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 Sections 272 & 273 of the Indian Penal Code and Section 30 (a) and (d) of the Bihar Prohibition and Excise Act, 2016.
3 liters of country made liquor, some utensils and fermented Mahua are said to have been recovered from the house of the petitioner and the petitioner was apprehended. 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 with the seized article. She has been falsely implicated in this case at the
Patna High Court Cr.Misc. No.48471 of 2018 (02) dt.08-08-2018 - 2 - instance of her enemy due to dirty village politics. The house of the petitioner is inhabited by her several family members and she had no knowledge of keeping of the said liquor in the house. There is violation of Section 100 Cr.P.C. She has no criminal antecedent and has been languishing in custody since 28.06.2018. In the facts and circumstances of the case, 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 Special Judge Excise, Gaya in connection with Atri P.S. Case No. 211 of 2018. (Prakash Chandra Jaiswal, J) Trivedi/- U T