Punita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35575 of 2021 Arising Out of PS. Case No.-120 Year-2021 Thana- GAIGHAT District- Muzaffarpur ====================================================== PUNITA DEVI W/o Sunil Sahani Resident of Village - Jarang Tekuna, P.S.- Gaighat, Distt.- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Priyesh Kumar For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-09-2021 This matter is taken up for consideration through Video Conferencing.

Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Gaighat P.S. Case No. 120 of 2021, registered for the offence punishable punishable under Sections 272, 273/34 of the Indian Penal Code and section 30(a), 41(1) and 36 of the Bihar Prohibition and Excise Act, 2018.

02 litres of country made liquor has been recovered from possession of this petitioner.

It is submitted that no recovery has been made from conscious possession of this petitioner. Petitioner is in custody since 22.03.2021 having no criminal antecedent, as stated in

Patna High Court CR. MISC. No.35575 of 2021(2) dt.10-09-2021 2/2 para 3 of the petition. Investigation is complete. Considering the period of custody coupled with the fact that petitioner bears clean antecedent, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise, Muzaffarpur in connection with Gaighat P.S. Case No. 120 of 2021, subject to following conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, her bail bond shall be liable to be cancelled by the court below. (ii) 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. (Prabhat Kumar Singh, J) vinita/- U T