Urmila Devi @ Sharmila Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32121 of 2019 Arising Out of PS. Case No.-75 Year-2019 Thana- JOGBANI District- Araria ====================================================== URMILA DEVI @ SHARMILA DEVI W/o Ramkaran Yadav, Resident of Village - Tikulia Basti, Ward No.10, P.S.- Jogbani, Dist.- Araria. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kundan Kumar Singh For the Opposite Party/s :

Mr.Md. Anbzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 15-05-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Jogbani P.S. Case No. 75 of 2019 registered for offence punishable under sections 30 (a), 38 (i) Bihar Prohibition and Excise Act, 2016 read with section 27B(2), 28, 36 Drugs and Cosmetic Act. The Police has seized Torex cough syrup.

Allegation has been made some persons have fled away with bags, but the police recovered different medicines including cough syrup.

The learned counsel for the petitioner submits that the present case would not come under the purview of the Excise Act, as the Torex cough syrup is used for cough.

Patna High Court CR. MISC. No.32121 of 2019(2) dt.15-05-2019 2/2 Looking to the facts and circumstances of the case, the prayer for bail of the petitioner is allowed and she, in the event of arrest or surrender before the court below within six weeks from today, is directed to be enlarged on anticipatory bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of 2nd Additional Sessions Judge-cum-Special Judge, Araria in connection with Jogbani P.S. Case No. 75 of 2019, subject to the conditions as laid down under section 438 Cr. PC and also subject to the condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. The petitioner will not induce any witness or tamper with the evidence. The petitioner shall cooperate in the disposal of trial and make herself available as and when required by the court.

(Shivaji Pandey, J) Mahesh/- U T