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Manorama Devi v. The State Of Bihar

Patna HC25 Apr 2018CR. MISC./22975/2018

Case brief

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What is this about?

The High Court at Patna granted anticipatory bail to the petitioner in a prohibition case involving recovery of liquor from her joint house, subject to conditions including surrender within six weeks and furnishing of bail bonds.

What did the court decide?

Petitioner granted anticipatory bail with conditions to surrender within six weeks and furnish Rs. 10,000 bail bond with two sureties.

Manorama Devi Vs The State Of Bihar — Bail and Remand | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.22975 of 2018

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Arising Out of PS. Case No.-17 Year-2018 Thana- BODHGAYA District- Gaya

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======================================================

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Manorama Devi, W/o Jatan Manjhi, Resident of Village- Upadhayay Bigha, P.S.- Bodh Gaya, District- Gaya.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Ravindra Kumar Sinha For the Opposite Party/s : Mr. Mustaque Alam ======================================================

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CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH

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ORAL ORDER

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2 25-04-2018

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Heard learned counsel for the petitioner and learned

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APP for the State.

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The petitioner is apprehending her arrest in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

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The prosecution case, in short, is that 11.500 liters wine is recovered.

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It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The name of the petitioner has transpired as the alleged recovery is made from the joint house of the petitioner where the other family members also reside. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that total 11.500 liters

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Patna High Court Cr.Misc. No.22975 of 2018(2) dt.25-04-2018 2/2

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wine is recovered, out of which 3 liters wine is recovered from the joint house of the petitioner. Petitioner is a lady. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner had no knowledge regarding the alleged incident. There is no compliance of Section 100 Cr.P.C.

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On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

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Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Excise Judge, Gaya in connection with Bodh Gaya P.S. case No.17 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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Narendra/-

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U T

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(Sudhir Singh, J)

Manorama Devi v. The State Of Bihar

Case brief

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Manorama Devi v. The State Of Bihar

Case brief

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