Urmila Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.532 of 2020 Arising Out of PS. Case No.-402 Year-2019 Thana- CHAINPUR District- Kaimur (Bhabua) ====================================================== Urmila Devi W/o Dinesh Pasi, D/o Shiwmurat Pase, Resident of Village - Hata, P.S.- Chainpur, Distt.- Kaimur (Bhabua) ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kumar Sunil For the Opposite Party/s :

Mr. Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-02-2020 Heard learned counsel for the parties.

Petitioner apprehends her arrest in a case registered for the offence punishable under section 30(a)of the Bihar Prohibition and Excise Act.

5.660 litres of illicit liquor has been recovered from the house of co-accused, Kamta Devi.

It has been submitted on behalf of the petitioner that the present case is false and fabricated and petitioner has falsely been implicated in this case on the basis of confessional statement of the co-accused. It has further been submitted that nothing has been recovered from the conscious possession of the petitioner and she has no concern with the alleged recovery. It has further been submitted that no case under Excise Act is made out against the petitioner. The petitioner has no criminal

Patna High Court CR. MISC. No.532 of 2020(2) dt.18-02-2020 2/2 antecedent.

Considering the aforesaid facts and circumstances as well as nature of accusation, in the event of her arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bailbond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-3rd, Kaimur, Bhabua in connection with Chainpur P.S. Case No. 402 of 2019, on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) S.Katyayan/- U T