Patna High CourtCR. MISC./34223/2019bail granted

Leela Devi @ Lila Devi v. The State Of Bihar

2019-05-27Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34223 of 2019 Arising Out of PS. Case No.-14 Year-2019 Thana- MADHWAPUR District- Madhubani ====================================================== LEELA DEVI @ LILA DEVI, aged about 35 years, Wife of Ram Nath Mahto Resident of Village - Bihari, P.S.- Madhawapur, District - Madhubani. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Gagan Deo Yadav, Advocate For the Opposite Party :

Meena Singh, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-05-2019 Heard learned counsel for the petitioner as well as learned counsel for the State.

Petitioner apprehends arrest in a case registered for the offences punishable under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Prosecution case is that 85.755 liters of wine has been recovered from the north room of the petitioner who is a ward member.

Learned counsel for the petitioners submits that the petitioner has no criminal antecedent. Petitioner seriously disputes the recovery which has not been conducted as per the provisions of section 100 of the Cr.P.C. Petitioner has no concern with the seized wine and the same has not been recovered from her conscious possession. It is further submitted that the house in question is not of the petitioner.

Patna High Court CR. MISC. No.34223 of 2019(2) dt.27-05-2019 2/2 Considering the facts of the case, let the petitioner, above named, in the event of arrest/surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge II cum Special Judge, Excise, Madhubani/Court in seisin of Madhawapur Police Station Case No. 14 of 2019, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully co-operate with the investigation and trial of the case, failing which the Court below shall be at liberty to cancel the bail bond of the petitioner.

(Prabhat Kumar Singh, J) Shashi U T