Puja Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.8918 of 2019 Arising Out of PS. Case No.-373 Year-2018 Thana- BIKRAM District- Patna ====================================================== Puja Devi wife of Diwali Manjhi Resident of Village- Shivgarh Musahri, P.S.- Bikram, District- Patna.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Naresh Chandra Verma For the Opposite Party/s :
Mr.Pronoti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 20-02-2019 Heard learned counsel for the parties.
Petitioner seeks bail in Bikram P.S. Case No. 373 of 2018 registered for the offence punishable under Sections 30(a) and 37(b) (c) of the Bihar Prohibition and Excise Act, 2016. Allegation is of recovery of 35 litre country made liquor from the hut.
It has been submitted on behalf of the petitioner that she is innocent and has been falsely implicated in this case. Nothing has been recovered from her possession. The alleged hut from which illicit liquor has been recovered does not belong to her. Petitioner is a lady has got no criminal antecedent and is in custody since 24.11.2018.
Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon
Patna High Court Cr.Misc. No.8918 of 2019(3) dt.20-02-2019 2/2 furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Patna, in connection with Bikram P.S. Case No. 373 of 2018, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) 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 her absence on two consecutive dates without sufficient reason, her bail bond shall be cancelled by the court below.
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(4) If the petitioner is found involved in similar nature of offence, after her release on bail, the trial court shall take steps to cancel her bail bond. (S. Kumar, J) manoj/- U T