Patna High CourtCR. MISC./40037/2016bail granted

Manju Devi v. The State Of Bihar

2016-09-17Mr. Justice Aditya Kumar Trivedi2 pages

Patna High Court Cr.Misc. No.40037 of 2016 (2) dt.17-09-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40037 of 2016 Arising Out of PS.Case No. -109 Year- 2016 Thana -GOVERNMENT OFFICIAL COMP. DistrictLAKHISARAI ======================================================

1. Manju Devi Wife of Late Ashok Vishwakarma Resident of village - Purani Bazar, Loharpatti, P.S. and District Lakhisarai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Narsingh Tanti, Advocate For the Opposite Party/s : Mr. Md. Ansarul Haque, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 17-09-2016 Heard learned counsel for the petitioner as well as learned APP for the State.

Petitioner along with two others, namely, Rita Devi and Rina Devi were travelling over an auto-rickshaw which was intercepted by the police and altogether country-made wine weighing 64 litres, hippocras 2.400 litres, Indian made foreign liquor 17.64 litres were seized.

Considering the nature of joint possession inconsonance with the period of detention since 02.07.2016, petitioner, Manju Devi is directed to be released on bail on furnishing bail bond of Rs.10,000/- with one surety of amount to the satisfaction of Chief Judicial Magistrate, Lakhisarai in connection with Case No. 109C2/2016.

However, considering the conduct of the petitioner

Patna High Court Cr.Misc. No.40037 of 2016 (2) dt.17-09-2016 to be habituated in dealing with contravening the provision of Excise Act and for that in the year 2016 only, she had gone twice carrying two independent cases and further, to prevent furthermore indulgence, a cash surety of Rs. 25,000/- is directed to be deposited at the end of petitioner in terms of Section 455 of the Cr.P.C. The amount would be deposited before furnishing bail bond with a further condition that in case of indulgence of petitioner subsequently relating to excise case, then in that event, the cash surety shall be subject to forfeiture. (Aditya Kumar Trivedi, J) perwez U T