Patna High CourtCR. MISC./41404/2016bail granted

Suma Devi v. The State Of Bihar

2016-10-22Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41404 of 2016 Arising Out of PS.Case No. -98 Year- 2016 Thana -KAWAKOLE District- NAWADA ====================================================== Suma Devi wife of Late Chamari Manjhi Resident of Village-Pali, P.S.- Kawakol, District-Nawada .... .... Petitioner

Versus

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

For the Petitioner : Mr. Sheo Kumar Prasad, Adv For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 22-10-2016 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 02.08.2016 in connection with Kawakole P.S. Case No. 98 of 2016 for the alleged offences under Section 47(A) of the Bihar Excise (Amendment) Act, 2016.

3. It is submitted that the petitioner has been falsely implicated and the seizure of three litres of 'mahua' liquor has not been made from the conscious possession of the petitioner. It is further submitted that the petitioner has been sufficiently punished for the small quantity of 'mahua' liquor said to have been recovered. The petitioner is a lady and claims clean antecedents.

4. Having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada, in connection with Kawakole P.S. Case No. 98 of 2016 on the following conditions - (i) That one of the bailors shall be a close relative of the petitioner.

Patna High Court Cr.Misc. No.41404 of 2016 (3) dt.22-10-2016 2/2 (ii) That the petitioner shall not indulge in any similar offence.

(iii) That the petitioner will be well represented on each and every date and if she fails to do so on two consecutive dates without sufficient reason, her bail bond will be liable to be cancelled by the Court concerned.

(Vikash Jain, J) Chandran/BT U T