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Patna High CourtCR. MISC./16969/2017bail granted

Most. Chandrakali Devi v. The State Of Bihar

2017-05-15Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16969 of 2017 Arising Out of PS.Case No. -9 Year- 2017 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Most. Chandrakali Devi W/o Late Mangani Mukhiya Resident of Village - Siswa, P.S. Turakualiya (Banjariya), District - East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Rakesh Kumar No.1 For the Opposite Party/s : Mr. Sir Pawan Kumar Chaurasiya ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 15-05-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends her arrest in Turkauliya (Banjariya) P.S. Case No. 09 of 2017 instituted for the offence under Sections-272, 273 of the Indian Penal Code and 36 of the Bihar Prohibition and Excise Act, 2016.

As per written report, police got confidential information that this petitioner alongwith Yogi Ram are doing business of sale of illicit liquor. It is alleged that police reached the Door of this petitioner who managed to run away. The police seized 1.5 litres of country-made liquor and prepared seizure list. The seizure list is enclosed with the written report wherein it has been mentioned that the illicit liquor has been recovered from the door of Yogi Ram. The seizure list does not bear the signature of

Patna High Court Cr.Misc. No.16969 of 2017 (2) dt.15-05-2017 2/2 this petitioner.

In such circumstances, prayer for anticipatory bail is allowed it is ordered that the petitioner named above, in the event of her arrest or surrender in the court below within four weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Turkauliya (Banjariya) P.S. Case No. 09 of 2017 to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran subject to condition as laid down u/S 438(2) of the Cr.P.C.

with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bond of the petitioners and (3) if 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.

(Sanjay Priya, J) A.K.V./- U T