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2016 Supreme(Pat) 1068

AHSANUDDIN AMANULLAH
Manorama Devi, W/o Bindi Yadav @ Bindeshwari Prasad Yadav – Appellant
Versus
State of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Y.V.Giri, Sr. Advocate, Mr. Pranav Kumar, Advocate.
For the State : Mr. D.K.Sinha, A.P.P.

JUDGMENT :

Heard Mr. Y.V.Giri, learned senior counsel assisted by Mr. Pranav Kumar, learned counsel for the petitioner and Mr. Dilip Kumar Sinha, learned A.P.P. for the State.

2. The petitioner seeks bail in Rampur P.S.Case No. 131 of 2016 dated 10.05.2016 instituted under Sections 47(a), 48, 53(c) and 54 of the Bihar Excise (Amendment) Act, 2016.

3. The allegation against the petitioner is that from the house of the petitioner, six bottles of Indian made foreign liquor were recovered.

4. Learned counsel for the petitioner submits that she is a lady and is not named in the FIR and later on she has been implicated only on the ground that the house, from which such alleged recovery of six bottles of Indian Made Foreign Liquor/foreign liquor were made, is her property, though she was not present there, and further the allegation that it was in her knowledge that bottles were kept. He submits that in view of consistent view taken by the co-ordinate Benches, even in exercise of power conferred under Section 19(4) of the Bihar Excise Act, 1915, as amended upto Act 3 of 2016, the Notification No. 11/Nai Utpad Niti-01-03/2016-1485 published by the Government in the Bihar Gazette (Extraordinary







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