Patna High CourtCR. MISC./17067/2019bail granted

Basanti Kumari v. The State Of Bihar

2019-04-04Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17067 of 2019 Arising Out of PS. Case No.-40 Year-2019 Thana- BAHADURPUR District- Patna ====================================================== BASANTI KUMARI, aged about 40 years, Female, Wife of Late Dev Shankar @ Shiv Shankar, Resident of Mohalla- Rampur, P.S.- Bahadurpur, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar Mouar, Adv.

For the Opposite Party/s :

Mr.Ganesh Prasad Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 04-04-2019 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail registered for the offences punishable under Sections 30(a) of Bihar Prohibition and Excise (Amendment) Act.

Allegation is recovery of 16.500 liters of foreign liquor from the house of the petitioner.

It has been submitted on behalf of the petitioner that she is innocent and has committed no offence. She has been falsely implicated in this case. Nothing has been recovered from the possession of the petitioner. Petitioner is lady and having no criminal antecedent. Petitioner is in custody since 17.02.2019.

Patna High Court CR. MISC. No.17067 of 2019(2) dt.04-04-2019 2/2 Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Special Case No. 1767 of 2019 arising out of Bahadurpur P.S. Case No. 40 of 2019, subject to conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be represented on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(4) If the petitioner is found involved in similar nature of offences, after her release on bail the trial court shall take steps to cancel his bail bonds.

(S. Kumar, J) Rajiv/- U T