Patna High CourtCR. MISC./26348/2017bail granted

Mostt. Phula Devi v. The State Of Bihar

2017-07-07Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26348 of 2017 Arising Out of PS.Case No. -378 Year- 2016 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Mostt. Phula Devi Wife of Late Buna Sahani, Resident of Village- Jhakhia, P.S.- Banjaria, District- East Champaran.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Sunil Kumar No.III, Advocate. For the Opposite Party : Mr. Umesh Lal Verma, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-07-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 23.12.2016 in connection with Turkauliya (Banjaria) P.S. Case No. 378 of 2016 for the offences instituted under Sections 272, 273 of the IPC and 47, 51, 54 of the Bihar Prohibition and Excise Act, 2016. The prosecution story, in brief, is that on secret information, the informant raided the house of the petitioner and recovered 390 liters of spirit from her house. It has been submitted on behalf of the petitioner that the petitioner is in custody since 23.12.2016 and the charge sheet has

Patna High Court Cr.Misc. No.26348 of 2017 (3) dt.07-07-2017 2/2 been submitted in the present case. There is no allegation of tampering of the witnesses alleged against the petitioner. She has got no criminal antecedent. 390 liters of spirit is said to have been recovered from the house of the petitioner. No compliance of Section 100 Cr. P.C. has been made in the present case. On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., East Champaran at Motihari, in connection with Turkauliya (Banjaria) P.S. Case No. 378 of 2016.

(Sudhir Singh, J) U.K./- U T