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Patna High CourtCR. MISC./25047/2021allowed

Puniya Devi v. The State Of Bihar

2021-12-09Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25047 of 2021 Arising Out of PS. Case No.-16 Year-2021 Thana- SIKANDRA District- Jamui ====================================================== Puniya Devi Wife of Late Mishri Choudhary Resident of Village - Bhullo, P.S.- Sikandra, District - Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shankar Kumar For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-12-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner is apprehending her arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He submits that there is no recovery from the conscious possession of the petitioner rather 3 liters of Mahua liquor is said to have been recovered from the house of the petitioner. He submits that the petitioner is 70 years old lady and it cannot be

Patna High Court CR. MISC. No.25047 of 2021(2) dt.09-12-2021 2/2 believed that she can flee from the place occurrence. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application.

Petitioner is agreed to deposit a sum of Rs. 5,000.00 (Rupees Five Thousand) in the Patna High Court Legal Services Committee, Patna.

Considering the facts and circumstances of the case, the above named petitioner in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Sikandra P.S. Case No. 16 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of the aforesaid amount in the Patna High Court Legal Services Committee, Patna.

devendra/- (Anjani Kumar Sharan, J) U T