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Patna High Court - Orders

Manju Devi vs The State Of Bihar on 27 August, 2018

Author: Prakash Chandra Jaiswal

Bench: Prakash Chandra Jaiswal

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Criminal Miscellaneous No.52551 of 2018
                 Arising Out of PS.Case No. -181 Year- 2018 Thana -GOVERNM ENT OFFICIAL COM P. District-
                                               WESTCHAMPARAN(BETTIAH)
                 ======================================================
                 Manju Devi, W/o. Suresh Chaudhary, R/o. Mohalla- Chhawni, Ward No. 5,
                 Pasi Tola, P.S.- Bettiah Town (Kalibagh O.P.), District- West Champaran.
                                                                         .... .... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                    .... .... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s        : Mr. Bimlesh Kumar Pandey
                 For the Opposite Party/s    : Mr. Satyadev Prasad Singh Yadav
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA
                 JAISWAL
                 ORAL ORDER

2   27-08-2018

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.

49 litres of country made liquor, gas burner & cylinder, 30 litres of raw material which was destroyed in the course of recovery and brewing machine are said to have been recovered from the house of the petitioner and 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 Patna High Court Cr.M isc. No.52551 of 2018 (2) dt.27-08-2018 2/2 concern either with the seized article or any activity of brewing liquor. She has been falsely implicated in the case at the instance of her enemy. The house of the petitioner is inhabited by her several family members and she had no knowledge of keeping of the said article in the house. She happens to be lady. She has no criminal antecedent. She has been languishing in custody since 20.052018.

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, Bettiah, West Champaran in connection with Excise P.S. Case No. 181 of 2018.

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

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