Patna High CourtCR. MISC./32554/2018allowed

Shyam Sundar Devi v. The State Of Bihar

2018-06-06Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32554 of 2018 Arising Out of PS.Case No. -25 Year- 2018 Thana -DANAPUR RAIL P.S. District- PATNA ====================================================== Shyam Sundar Devi, W/o Lakshman Chauhan, R/o Vill.- Balmichak, P.S.- Phulwari Sharif, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gajendra Kumar Singh, Advocate For the Opposite Party/s : Mr. Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 06-06-2018 Heard learned counsel for the petitioner and State. The petitioner is in custody in connection with Special Case No. 3269 of 2018, arising out of Rail Danapur P.S. Case No. 25 of 2018, for the offences under Sections 272, 273 and 34 of the Indian Penal Code, Section 2(E), 3 of the Bihar Mahua Flower Rules, 2006 and Section 30(d) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that the petitioner has no criminal antecedents and she is in custody since 05.04.2018. He further submits that petitioner was arrested in connection with seizure of 43 Kg Mahua Flower. He submits that in fact nothing was recovered from the conscious possession of the petitioner. In alternative, learned counsel for the petitioner submits

Patna High Court Cr.Misc. No.32554 of 2018 (2) dt.06-06-2018 2/2 that the Mahua Flower is used as fodder for cattle. He further submits that the petitioner is a lady and, as such, she deserves bail. Considering the aforesaid, the petitioner, named above, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees 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. 3269 of 2018 (Rail Danapur P.S. Case No. 25 of 2018).

(Anil Kumar Upadhyay, J) Uday/- U T