Kanti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10296 of 2019 Arising Out of PS. Case No.-23 Year-2019 Thana- PATNA RAIL P.S. District- Patna ====================================================== KANTI DEVI Wife Shambhu Sahni, Resident of Village-Baro Sahni Tola, Via-Barauni, Police Station-Garhara, District-Begusarai. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vibhuti Ranjan Sonvadra For the Opposite Party/s :

Mr.Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 20-02-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Special Case No. 833 of 2019 arising out of Patna Jn. P.S. Case No. 23 of 2019 registered for the offence punishable under Section 30(a) of the Bihar Prohibition & Excise Act, 2016.

Allegation is recovery of 26 litres of country made liquor from the bag of the petitioner.

It has been submitted on behalf of the petitioner that petitioner is innocent and has been falsely implicated in this case. Petitioner has no criminal antecedent and he is in custody since 21.01.2019.

Considering the aforesaid facts and circumstances of

Patna High Court Cr.Misc. No.10296 of 2019(2) dt.20-02-2019 2/2 the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna, in connection with Special Case No. 833 of 2019 arising out of Patna Jn. P.S. Case No. 23 of 2019 subject to the conditions that:-

(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 represented on each and every date fixed by the court.

(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 offences, after his release on bail the trial court shall take steps to cancel his bail bond.

(S. Kumar, J) veena/- U T