Gaytri Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18150 of 2020 Arising Out of PS. Case No.-29 Year-2020 Thana- SIDHWALIYA District- Gopalganj ====================================================== GAYTRI DEVI Wife of Chhathu Mahto Resident of Village - Bucheya, Mathiya, P.S.- Sidhwaiya, Distt - Gopalganj.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Radha Mohan Singh For the Opposite Party/s :

Mr.Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 13-05-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. This application for grant of regular bail arises out of Sidhwaliya P.S. Case No. 29 of 2020 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

From the petitioner's possession, allegedly, 3.6 liters of country made liquor is said to have been recovered. She is in custody since 09.02.2020. From the averments made in paragraph 3 of the application, it appears that there are four criminal cases pending against her of the same nature. Prima facie, it appears that the petitioner is engaged in illegal trade of liquor.

Learned counsel for the petitioner has argued that she is in custody since 09.02.2020 and in all the cases, which

Patna High Court CR. MISC. No.18150 of 2020(2) dt.13-05-2020 2/3 have been registered, it has been alleged against her that she had fled away from the place of respective recoveries of liquor. There is no specific allegation of recovery of the illicit liquor from her possession.

Be that as it may, considering the quantity of liquor said to have been recovered leading to the petitioner's implication and custody since 09.02.2020, this application is allowed.

Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge-II, Gopalganj, in Sidhwaliya P.S. Case No. 29 of 2020.

Since there is a lock down, the Court has considered it appropriate to adopt following procedure for communication of the present order :- (i) The order, which has been dictated during the course of the proceedings of virtual Court, shall be communicated to me on my e-mail I.D. by the Secretary. (ii) The corrected copy of the order shall be transmitted by me from my e-mail I.D. to the Secretary, which shall be treated to be the authentic copy of the order passed by

Patna High Court CR. MISC. No.18150 of 2020(2) dt.13-05-2020 3/3 this Court today in the present proceeding.

(iii) Hard copy of the order, duly signed by me, shallbe preserved in my residential-office for documentation and future use, if any.

(iv) The said order shall be communicated to the Court below for the needful by the Registry through e-mail. Let steps be taken by the Registry for uploading of the present order without compromising with the norms of social distancing.

(Chakradhari Sharan Singh, J) Pawan/- U T