Maina Devi @ Nainamati v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 17534 of 2020 Arising Out of P.S. Case No.-30 Year-2020 Thana- KATEYA District- Gopalganj ====================================================== Maina Devi @ Nainamati, aged about 55 Years (female) Wife of Late Ram Awadh Chauhan Resident of Village - Chhitauna, P.S.- Kateya, District - Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

For the State :

Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 13-05-2020 The matter has been listed and heard vide video conferencing in view of the lock-down imposed on account of the COVID-19 pandemic.

2. The petitioner is in custody in connection with Kateya PS Case No. 30 of 2020 dated 04.02.2020 instituted under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. Though learned counsel for the petitioner was informed by the Court Master and had confirmed that he would assist through video conferencing, nobody appeared when the case was taken up and, thus, the Court has proceeded with hearing Mr. Jharkhandi Upadhyay, learned APP.

4. The allegation against the petitioner is that upon

Patna High Court CR. MISC. No.17534 of 2020(2) dt.13-05-2020 2/3 seeing the police she started running and from her palani 16.2 litres of illicit wine was recovered. It is averred in the application that the petitioner has no criminal antecedent and is in custody since 05.02.2020.

5. Having considered the facts and circumstances of the case and upon hearing learned APP for the State and going through the pleadings, the Court is inclined to release her on bail. Accordingly, let the petitioner be released on bail upon furnishing bail bonds of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned IInd Additional District and Sessions Judge, Gopalganj in Kateya PS Case No. 30 of 2020, subject to the conditions (i) that one of the bailors shall be a close relative of the petitioner, (ii) that the petitioner and the bailors shall execute bond with regard to good behaviour of the petitioner, and (iii) that the petitioner shall also give an undertaking to the Court that she shall not indulge in any criminal activity.

Any violation of the terms and conditions of the bonds or the undertaking shall lead to cancellation of her bail bonds. The petitioner shall cooperate in the case and be present before the Court on each and every date.

Patna High Court CR. MISC. No.17534 of 2020(2) dt.13-05-2020 3/3 cancellation of her bail bonds.

6. The application stands disposed off in the aforementioned terms.

(Ahsanuddin Amanullah, J) Anjani/P. Kumar