Sushila Devi @ Sunerpati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51140 of 2018 Arising Out of PS.Case No. -434 Year- 2017 Thana -GARKHA District- SARAN ======================================================

1. Sushila Devi @ Sunerpati Devi W/o Shatrudhan Manjhi, R/o Vill.- Aloni , P.S.- Garkha , District- Saran at Chapra.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajesh Roy, Adv. For the Opposite Party/s : Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-09-2018 The petitioner is apprehending her arrest in connection with Garkha P.S. Case No. 434 of 2017, corresponding to G.R. No.7878 of 2017 registered for offences punishable under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act. Allegation as per F.I.R. is that the petitioner is seller of liquor and there is recovery of 50 litres of illicit country made liquor from the house of the petitioner.

Submission of learned counsel for the petitioner is that the petitioner is a house wife and only on the ground of suspicion she has falsely been implicated in this case and the house from which, the recovery was made is joint house and others also live there.

Heard learned A.P.P. also.

Having heard both sides, considering the facts and

Patna High Court Cr.Misc. No.51140 of 2018 (2) dt.05-09-2018 2/2 circumstances of the case, let the petitioner above named, in the event of her arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J. 6th, Saran at Chapra, in connection with Garkha P.S. Case No. 434 of 2017, corresponding to G.R. No.7878 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, it is further subject to the condition that:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner shall cooperate in the investigation and make herself available as and when required by the police and on the event of failure on her part to appear before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of her bail bonds.

(Vinod Kumar Sinha, J) sunil/Amjad/- U T