Supreme Court on Monday dismissed a plea of the government of the eastern Indian state of Bihar challenging the bail granted to suspended Janata Dal-United (JD-U) MLC Manorama Devi in connection with the recovery of liquor bottles from her house at Gaya during a search operation.
“In facts and circumstances of the case, we are not inclined to interfere with the order of the High Court. The petition is dismissed,” a bench of Justices Ranjan Gogoi and A M Sapre said.
During the hearing, advocate Gopal Singh, appearing for the Bihar government, said the Patna High Court had erred in granting bail to the lawmaker.
He said the view of the High Court that mere possession of Indian made foreign liquor (IMFL) was not illegal in the state, was wrong.
The bench, however, refused to go into the matter.
On June 6, the High Court had granted bail to Manorama Devi, mother of the prime accused Rocky Yadav in the Aditya Sachdeva murder case.
She was booked under the Excise Act after liquor bottles were recovered from her residence at A P Colony of the town during the police raid following which she went into hiding for a couple of days before surrendering on May 17.
The MLC’s son Rocky Yadav had allegedly shot dead a Class XII student Aditya Sachdeva for overtaking his car on May 7, this year.
The JD(U) had suspended Manorama Devi for harbouring her son, while the Gaya Police arrested her husband Bindeshwari Prasad Yadav alias Bindi Yadav and her bodyguard.
On October 28, the apex court had stayed the Patna High Court order granting bail to Rakesh Ranjan alias Rocky Yadav after which he had surrendered before the police.
Rocky is facing two cases – one of murder of Aditya and another under Excise Act for recovery of liquor bottles from the house of his mother. He was arrested from his father’s mixer plant in Gaya on May 10.
His name was included along with his father Bindi Yadav in the case of recovery of liquor bottles which were found when police raided his mother’s house looking for Rocky.