Kaushalya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76795 of 2019 Arising Out of PS. Case No.-418 Year-2019 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== KAUSHALYA DEVI Wife of Late Ramchandra Paswan Resident of Village - Domtoli ward no. 29, P.S.- Aurangabad Town, District - Aurangabad (Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Leelawati Kumari For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 11-12-2019 Heard the learned counsel for the petitioner and the State.

The petitioner, who is in custody since 26.11.2019 and is a woman of clean antecedent, seeks bail in connection with Aurangabad Town P. S. Case No. 418 of 2019 dated 26.10.2018 (G.R. No. 1293 of 2019) instituted for the offences under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

According to the F.I.R., 40 litres of liquor is said to have been recovered from the rooftop of the house in which the petitioner resides. Though the house

Patna High Court CR. MISC. No.76795 of 2019(2) dt.11-12-2019 2/2 stands in the name of the petitioner but there are other occupants of the house as well. In that event, it cannot be said that the liquor was in exclusive / constructive possession of the petitioner.

Considering the afore-stated facts, this petition is allowed.

The petitioner, above-named, is directed to be released on bail on her furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-VII cum Special Judge Excise Act, Aurangabad in connection with Aurangabad Town P. S. Case No. 418 of 2019 (G.R. No. 1293 of 2019). (Ashutosh Kumar, J) skm/- U