Girja Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12387 of 2020 Arising Out of PS. Case No.-127 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Gaya ====================================================== Girja Devi W/o Pal Ravidas, R/o village- Chordaha, P.S.- Chauparan, DistrictHaribagh, Jharkhand. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinod Kumar For the Opposite Party/s :

Mr.Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 23-07-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State through Video Conferencing.

In this case, the petitioner is seeking anticipatory bail in connection with Excise Case No. 127 of 2019 registered for offence punishable under section 30 (c) of the Bihar Prohibition and Excise Act and sections 3/13 of the Mahua Flower Act. The police intercepted a "tempo" vehicle and from where 100 kg. mahua flower has been recovered. It has been submitted that eight persons were passengers and the petitioner had no concern with the said mahua flower. It has further been submitted that the mahua flower can be used in different manner. It can be used for the cattle and it can also be used for human being.

Patna High Court CR. MISC. No.12387 of 2020(2) dt.23-07-2020 2/2 Looking to the entire facts and circumstances of the case, the prayer for bail of the petitioner is allowed and she, in the event of arrest or surrender before the court below within six weeks from today, is directed to be enlarged on anticipatory bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Special Excise Judge, Gaya in connection with Excise Case No. 127 of 2019, subject to the conditions as laid down under section 438 Cr. PC and also subject to the condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. The petitioner will not induce any witness or tamper with the evidence.

The petitioner shall cooperate in the disposal of trial and make herself available as and when required by the court. If the petitioner is found involved in similar type of allegation in future, the prosecution will have liberty to file an application for cancellation of her bail bond.

This order has been passed in presence of Mr. Braj Kishore Prasad, counsel for the State.

(Shivaji Pandey, J) Mahesh/- U T