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Nilam Devi v. The State Of Bihar

Patna HC5 Nov 2018CR. MISC./67188/2018

Case brief

AI extract

What is this about?

This judgment grants anticipatory bail to the petitioner in connection with a case involving recovery of licit liquor under the Bihar Prohibition and Excise Act and the Indian Penal Code. The court concludes that the petitioner has no criminal antecedent and nothing incriminating was recovered from her personal possession.

What did the court decide?

Anticipatory bail granted to the petitioner on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each within six weeks from the date of the order.

Nilam Devi Vs The State Of Bihar — Quashing and FIR | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.67188 of 2018

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Arising Out of PS.Case No. -88 Year- 2018 Thana -DARIHAT District- SASARAM (ROHTAS)

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Nilam Devi, Wife of Ram Pujan Singh, Resident of Village- Kanchanpur, Police Station- Sasaram (M), District- Rohtas.

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.... .... Petitioner/s

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Versus

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The State of Bihar.

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.... .... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr. For the Opposite Party/s : Mr.

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====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER

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2 05-11-2018 Heard learned counsel for the petitioner and learned APP for the State.

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The petitioner is apprehending her arrest in a case registered under Section-414 of the Indian Penal Code and Sections-30(a)/38 of the Bihar Prohibition and Excise Act, 2016.

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The prosecution case, in short, is that 164.160 liters wine is recovered.

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It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The name of the petitioner has transpired in this case as the Scorpio in question belongs to the petitioner. The said Scorpio is run as a taxi by driver of the petitioner. Except for this, there is no other

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Patna High Court Cr.Misc. No.67188 of 2018 (2) dt.05-11-2018

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Page 2 of 2

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substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 164.160 liters wine is recovered from the Scorpio in question. 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 2^nd Additional Sessions Judgecum-Special Judge, Excise, Rohtas at Sasaram in connection with Darihat P.S. Case No. 88 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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(Sudhir Singh, J)

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A.K.V./U T

Nilam Devi v. The State Of Bihar

Case brief

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Nilam Devi v. The State Of Bihar

Case brief

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