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Patna High CourtCR. MISC./48441/2018bail granted

Sita Devi @ Kari Devi And ANR v. The State Of Bihar

2018-08-08Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48441 of 2018 Arising Out of PS.Case No. -170 Year- 2018 Thana -PATNA GRP CASE District- PATNA ======================================================

1. Sita Devi @ Kari Devi, wife of Sanjay Manjhi, resident of village - Bajitpur, P.S.-Pipra, District-Patna.

2. Sanju Devi, aged about 40 years, wife of Sanjay Manjhi, resident of village - Bhusaula, Danapur Pokhar, P.S.-Phulwari Sharif, DistrictPatna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arvind Prasad Singh For the Opposite Party/s : Mr. Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 08-08-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners seek bail in a case registered for the offence punishable under Section 30(D) of the Bihar Prohibition and Excise Act, 2016.

466 Kg of Mahua flower is said to have been unloaded from the train at platform no.3 by the petitioners and one other accused namely Pramila Devi and they were apprehended. It is submitted by learned counsel for the petitioners that no incriminating article has been recovered from the conscious physical possession of the petitioners. They have no concern with the seized article. They have been falsely implicated

Patna High Court Cr.Misc. No.48441 of 2018 (2) dt.08-08-2018 2/2 in the case by the personnel of GRP at the time of alighting from the train on their refusal to cough up their demand of graft and real culprit managed to escape dumping the aforesaid article there seeing the personnel of GRP. There is violation of section 100 Cr.P.C. They have no criminal antecedent. They happen to be lady and have been languishing in custody since 02.06.2018. Considering the facts aforesaid, the above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Patna in connection with Special Case No. 5143 of 2018 arising out of Patna Junction (Rajendra Nagar) P.S. Case No. 170 of 2018.

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