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Patna High CourtCR. MISC./43199/2015allowed

Usha Devi v. The State Of Bihar

2015-11-03Mr. Justice Ramesh Kumar Datta2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43199 of 2015 Arising Out of PS.Case No. -156 Year- 2013 Thana -BAKHRI District- BEGUSARAI ====================================================== Usha Devi w/o Anandi Sahni, resident of Village- Goriari, P.S.- Bakhari, District- Begusarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Saroj Kumar Sharma For the Opposite Party/s : Mr. Ganesh Prasad Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA ORAL ORDER 03-11-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner prays for anticipatory bail in a case under Sections 272,273,290/34 of the Indian Penal Code and Section 47(A)(F) of the Excise Act.

It is submitted by learned counsel for the petitioner that the police has recovered 75 liters of rotten/fermented Mahua from the house of the petitioner. The recoveries have been made at several other houses in the village including from that of Renu Devi. It is further submitted that the petitioner was not present at the house at the time of alleged recovery. It is also submitted that said Renu Devi has been granted anticipatory bail by this Court by order dated 19.4.2014

Patna High Court Cr.Misc. No.43199 of 2015 (2) dt.03-11-2015 2/2 passed in Cr. Misc. No. 10111 of 2014.

It is further submitted that the petitioner is a lady aged about 55 years and does not have any criminal antecedent and has been falsely implicated.

On a consideration of the facts and circumstances of the case, it is directed that the petitioner, Usha Devi, in the event of her arrest/surrender in the Court below within a period of four weeks from today, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Bakhri P.S. Case No. 156 of 2013 to the satisfaction of the Chief Judicial Magistrate, Begusarai, subject to the other conditions as laid down under Section 438(2) Cr.P.C.

(Ramesh Kumar Datta, J) S.Pandey/- U T