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Patna High CourtCR. MISC./23569/2017bail granted

Chalmani Devi v. The State Of Bihar

2017-05-18Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23569 of 2017 Arising Out of PS.Case No. -174 Year- 2017 Thana -GOVERNMENT OFFICIAL COMP. DistrictPURNIA ====================================================== Chalmani Devi, wife of Late Suresh Rishi, resident of village Baisi Purab Chowk, P.S. Baisi, District Purnea .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Bijendra Kumar Singh, Advocate For the Opposite Party/s : Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-05-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Special Case No.120 of 2017 (CI/174/2017) registered for the offences punishable under Section 30(A) of Bihar Excise (Amendment) Act, 2016.

Allegation against the petitioner, who is a lady, is of recovery of six bottles, each containing 600 ml., of country made liquor from her possession.

It has been submitted on behalf of the petitioner that petitioner has clean antecedent and has falsely been implicated in this case and has remained in custody for two and a half months. Heard learned APP also.

Having heard both sides and considering the aforesaid facts and circumstances and also considering the fact that

Patna High Court Cr.Misc. No.23569 of 2017 (2) dt.18-05-2017 2/2 petitioner is a lady, let the petitioner, named above, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the 2nd Additional Sessions Judge-cum-Special Judge, Excise Act, Purnea, in connection with Special Case No. 120 of 2017 (CI/174/17), subject to the conditions that :- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable properties within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make herself available as and when required by the court and on the event of failure on her part to appear before the court below on two consecutive dates without showing any genuine reason, the prosecution is free to move for cancellation of her bail.

(Vinod Kumar Sinha, J) spal/- U