Lailun Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19512 of 2020 Arising Out of PS. Case No.-17 Year-2020 Thana- KORMA District- Sheikhpura ====================================================== Lailun Devi W/o Late Karu Ram Resident of Village- Murbariya, P.S.- Korma, Distt- Sheikhpura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 15-06-2020 The matter has been taken up through virtual Court proceeding.

Heard learned counsel for the petitioner and learned APP for the State.

The present application has been preferred on behalf of the petitioner for grant of bail in connection with a case registered for the offences punishable under Sections 30(a) (d) of Bihar Prohibition and Excise Act, 2016, as amended by Act 8 of 2018.

The prosecution case, as per the self statement of S.I., Ranjan Kumar, SHO Korma P.S. recorded on 03.03.2020, is to the effect that a confidential information was received that in village Murvaria country made liquor is being manufactured and sold, consequently, a raid was laid and petitioner was

Patna High Court CR. MISC. No.19512 of 2020(2) dt.15-06-2020 2/3 apprehended and 5 litres of country made liquor and equipment used for manufacturing liquor were recovered. It is submitted by learned counsel for the petitioner that the petitioner has maliciously been framed in the present case. The petitioner is languishing in custody since 04.03.2020 and investigation has already been concluded. A statement has been made in paragraph no.3 of the petition that the petitioner is accused in one another case in which she is on bail. Learned APP for the State submits that the recovery has been made from the possession of the petitioner. Considering the nature of recovery and the fact that the investigation has already been concluded, let the petitioner above named be released on bail for the present provisionally for a period of three months on furnishing one surety to the satisfaction of the learned Special Judge, Excise, Sheikhpura in connection with Special Excise Case No. 116 of 2020, arising out of Korma P.S. Case No. 17 of 2020.

However, in view of the present pandemic COVID19, it will be open for the learned Court below to accept the bail bond upon furnishing an undertaking by the surety, on photo copy of his Aadhar Card, to the effect that he is ready to become the bailor of the petitioner which may be transmitted by

Patna High Court CR. MISC. No.19512 of 2020(2) dt.15-06-2020 3/3 such surety to the learned Court concerned through e-mode. The provisional bail of the petitioner will be confirmed by the learned Court below within three months on furnishing bail bond of Rs.10000/- (ten thousand) with two sureties, including one surety given at the time of provisional bail, of the like amount each to the satisfaction of the learned Special Judge, Excise, Sheikhpura in connection with Special Excise Case No. 116 of 2020, arising out of Korma P.S. Case No. 17 of 2020.

The provisional bail of the petitioner will be confirmed after a certificate on affidavit being filed on behalf of the petitioner before the learned Court below to the effect that all the defect/s, as pointed out by the Stamp Reporter, have been removed.

The learned Court below is at liberty to further extend the period of provisional bail if the court proceeding in physical mode will not resume in next three months.

(Dinesh Kumar Singh, J) DKS/- U T