Patna High CourtCR. MISC./55549/2016bail granted

Sukumaria Devi @ Sukumari Devi v. The State Of Bihar

2017-01-31Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55549 of 2016 Arising Out of PS.Case No. -177 Year- 2016 Thana -GOVERNMENT OFFICIAL COMP. DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Sukumaria Devi @ Sukumari Devi, Wife of Sitnua Mukhia, resident of Village- Bishwanathpur, P.S. Pupari, District- Sitamarhi. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sunil Kumar No.I For the Opposite Party/s : Mr. Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 31-01-2017 The petitioner is in custody since 1.9.2016 in connection with Excise Case No. 177 of 2016, registered for offences punishable under Section 47(a) of the Excise Act. It has been submitted on behalf of the petitioner that the alleged recovery is only 4.80 litres of liquor and she remained in custody for about four months. It has further been submitted that the petitioner has clean antecedent.

Heard learned A.P.P. also.

Considering the aforementioned facts and circumstances, the period of custody and also that the petitioner has no criminal antecedent, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000/- (Twenty five thousand) with two sureties of the like amount each to the

Patna High Court Cr.Misc. No.55549 of 2016 (3) dt.31-01-2017 satisfaction of learned Sub-Divisional Judicial Magistrate, Raxaul at Motihari, East Champaran, in connection with Excise Case No. 177 of 2016, with following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make herself available as and when required by the court and on the event of failure on her part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move the cancellation of her bail.

(Vinod Kumar Sinha, J) A.I./- U