Pano Devi v. The State Of Bihar
Patna High Court Cr.Misc. No.50580 of 2016 (2) dt.16-12-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50580 of 2016 Arising Out of PS.Case No. -86 Year- 2016 Thana -GOVERNMENT OFFICIAL COMP. DistrictMADHEPURA ====================================================== Pano Devi W/o Late Babulal Marandi, Resident of Village- Kothi Tola, Ward No.9, P.S.- Bihariganj, District- Madhepura. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Sanjay Kumar Singh, Advocate For the Opposite Party : Mr. R.P. Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 16-12-2016 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in custody since 23.09.2016 in connection with Complaint Case NO. C-86 (7) of 2016 corresponding to Excise Case No. 104 of 2016 for the offences alleged under Sections 47(a) of the Bihar Excise (Amendment) Act, 2016.
3. It is submitted that the petitioner has been falsely implicated in connection with alleged recovery of 5 litres of Chulai liquor from her house on mere suspicion and owing to village politics. It is further submitted that there is doubt about the seizure list as the witnesses are resident of different villages and not the local persons.
4. Having regard to the quantity of the alleged seizure as well as the period of custody already suffered, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Uda-Kishunganj, DistrictMadhepura, in connection with
Patna High Court Cr.Misc. No.50580 of 2016 (2) dt.16-12-2016 Complaint Case No. C-86 (7) of 2016 corresponding to Excise Case No. 104 of 2016, on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioner.
(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioner will be well represented on each and every date and if she fails to do so on two consecutive dates without sufficient reason, her bail bond shall be liable to be cancelled by the learned Court concerned.
(Vikash Jain, J) Md. Ibrarul/BT U T