Sunita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12155 of 2019 Arising Out of PS. Case No.-27 Year-2018 Thana- NIRMALI District- Supaul * ====================================================== SUNITA DEVI, aged about 38 years, (F) Wife of Santosh Yadav Resident of Village - Belha Punarwas, P.S.- Phulparas, District - Madhubani. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amar Nath Yadav For the Opposite Party/s :

Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 01-04-2019 Heard learned counsel for the parties.

Petitioner, who is in custody, seeks bail registered for the offences punishable under Sections under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. Allegation is of recovery of 684 litre illicit liquor from a pickup van which is owned by petitioner. It has been submitted on behalf of the petitioner that she is innocent and has been falsely implicated in this case. Petitioner is a lady. Nothing has been recovered from her possession. The alleged vehicle is a commercial vehicle so she had given it to ply on rent. Petitioner has got no criminal antecedent and is in custody since 25.01.2019.

Patna High Court CR. MISC. No.12155 of 2019(2) dt.01-04-2019 2/3 Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Nirmali P.S. Case No. 27 of 2018 (S.T. Excise No. 153 of 2018), with following condition:- (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

Patna High Court CR. MISC. No.12155 of 2019(2) dt.01-04-2019 3/3 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