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Patna High CourtCR. MISC./78025/2018bail granted

Urmila Kunwar @ Shiv Kumari Devi v. The State Of Bihar

2019-01-07Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78025 of 2018 Arising Out of PS. Case No.-195 Year-2018 Thana- BHANGWANPUR HAT District- Siwan ====================================================== Urmila Kunwar @ Shiv Kumari Devi W/o Late Shivnath Chaudhry, R/o Vill.- Mirjumla , P.S.- Bhagalpur Hat, District- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amresh Kumar Sinha For the Opposite Party/s :

Mr.Sri Ajay Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 07-01-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Bhagwanpur Hat P.S. Case No. 195 of 2018 registered for the offence punishable under Sections 272, 273, 308, 420 of Indian Penal Code and 30(a), 41(i) of the Bihar Excise Prohibition and Excise Act, 2016.

Allegation against petitioner is of recovery of 5 litres of country made liquor and mixture of Mahua and Mitha from the Bush.

It has been submitted on behalf of the petitioner that petitioner is lady and she has been falsely implicated in this case. Petitioner is in custody since 15.09.2018. Considering the aforesaid facts and circumstances of

Patna High Court Cr.Misc. No.78025 of 2018(2) dt.07-01-2019 2/2 the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge 2nd cum-Special Judge, (Excise), Siwan, in connection with Bhagwanpur Hat P.S. Case No. 195 of 2018 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be represented on each and every date fixed by the court.

(3) If the 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.

(4) If the petitioner is found involved in similar nature of offences, after her release on bail the trial court shall take steps to cancel her bail bond.

(S. Kumar, J) veena/- U T