Usha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46710 of 2018 Arising Out of PS.Case No. -343 Year- 2018 Thana -PIRBAHOR District- PATNA ======================================================

1. Usha Devi, Wife of Sri Salesh Manjhi @ Shailesh Manjhi, Resident of Nageshwar Colony Moharmpur, Bankipore, Police Station Pirbahore, District- Patna at Present residing at Mohalla Bhavar Pokhar, Police Station- Pirbahore, District- Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ravi Shanker For the Opposite Party/s : Mr. Nazir Ansari (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 01-08-2018 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 Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

22 litres of country made liquor is said to have been recovered from near the toilet located at Bhawar Pokhar and petitioner was apprehended in the course of escaping from the aforesaid place dumping the said liquor there. 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

Patna High Court Cr.Misc. No.46710 of 2018 (2) dt.01-08-2018 2/2 concern either with the seized liquor or the place of recovery. She has been falsely implicated in this case by the police merely on suspicion while she had gone to attend the call of nature at the place of occurrence at the time of occurrence and real culprit managed to escape dumping the aforesaid liquor there seeing the police party. She has no criminal antecedent. She happens to be a lady. She has been languishing in custody since 19.06.2018. Considering the facts aforesaid, 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 Act, Patna in connection with Pirbahore P.S. Case No. 343 of 2018.

(Prakash Chandra Jaiswal, J) Kr. Uday/- U T