Premi Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26216 of 2022 Arising Out of PS. Case No.-87 Year-2022 Thana- SHEOHAR District- Sheohar ====================================================== Premi Devi, Wife of Nandu Sah, Resident of Village- Sheohar, Ward No.- 03, P.S.- Sheohar, District- Sheohar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Asif Kalim, Advocate For the Opposite Party/s :

Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 08-07-2022 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. Let the defect (s), as pointed out by the office, be removed within a period of four weeks from the date of resumption of physical filing and physical removal of defect. In the present case, the petitioner seeks bail in connection with Sheohar P.S. Case No. 87 of 2022 registered for the alleged offences under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

Allegedly, from the house of the petitioner, 64.050 litres of Indian made foreign liquor was recovered and she has been apprehended from the spot.

The learned counsel for the petitioner submits that from the FIR itself, it is clear that the petitioner has nothing to do

Patna High Court CR. MISC. No.26216 of 2022(2) dt.08-07-2022 2/3 with the liquor recovered from his house as the same was handed over by an unknown person and she kept the same on behalf of her co-accused son. The petitioner, who is a lady, is in custody since 12.03.2022 and is having clean antecedent. The charge sheet has been submitted.

Learned APP opposes the prayer for bail.

Having regard to the submissions made hereinabove and considering the fact that charge sheet has been submitted and further considering her period of custody, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge (Excise), Sheohar, in connection with Sheohar P.S. Case No. 87 of 2022, subject to the following conditions :

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence for three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be

Patna High Court CR. MISC. No.26216 of 2022(2) dt.08-07-2022 3/3 cancelled by the court concerned.

(Arun Kumar Jha, J) V.K.Pandey/- U T