Koilee Devi @ Koilee Kumari @ Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26167 of 2022 Arising Out of PS. Case No.-86 Year-2022 Thana- NAVINAGAR District- Aurangabad ====================================================== 1.

Koilee Devi @ Koilee Kumari @ Kumari Daughter Of Late Wakil Kharwar Resident Of Village - Maninagar Naharpar, P.S.- Dehri-On-Son, District - Rohtas (Bihar).

2.

Meena Kuer Wife Of Bigan Bhuiyan Resident Of Village - Badiha More, P.S.- Nasriganj, District - Rohtas (Bihar).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Santosh Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 29-07-2022 Heard Mr. Santosh Kumar Pandey, learned counsel appearing on behalf of the petitioner and Mr. Akshay Lal Pandit, learned Additional Public Prosecutor for the State through video conferencing.

Petitioners seeks bail in a case registered in connection with Navinagar (Barden O.P) P.S. Case no. 86 of 2022 registered for offence punishable under Section 30(a) of Bihar Excise and Prohibition Amendment Act 2018. As per the prosecution case, it is alleged that in course of vehicle checking the police intercepted a tempo and on search total 195 liters country made liquor was recovered. It is further alleged that both these petitioners were found sitting in the

Patna High Court CR. MISC. No.26167 of 2022(2) dt.29-07-2022 2/3 tempo.

Learned counsel appearing on behalf of the petitioners submits that the petitioners are ladies and in fact they were passengers on the tempo and they had no concern with the alleged recovery. It is further submitted that from the F.I.R, it is evident that on noticing the police party, other accused persons were fled away and only on suspicion, these petitioners have been apprehended. It is next submitted that the petitioners are women of fair antecedent and they are in custody since 17.03.2022 and the investigation of the crime is already completed and the charge-sheet has been submitted. On the other hand learned counsel for the State oppose the bail application.

Having regard to the submissions made on behalf of the parties and considering the fact that the petitioners are ladies and she is in custody since 17.03.2022, having fair antecedent, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court of Special Judge, Excise 1st Aurangabad in connection with Nabinagar (Badem OP) P.S. Case No. 86 of 2022, subject to the condition that one of the bailors will be the close relatives

Patna High Court CR. MISC. No.26167 of 2022(2) dt.29-07-2022 3/3 of the petitioner with further conditions which are as follows. (i) The petitioner will cooperate in conclusion of the trial.

(ii) They will remain present on each and every date of trial till disposal of the case.

(iii) They will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial. (iv) In the event of default of two consecutive dates without any cogent reason, her bail bonds will liable to be cancelled.

(Harish Kumar, J) N.K/- U T