Patna High CourtCR. MISC./36174/2016bail granted

Savitri Devi v. The State Of Bihar

2016-09-05Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36174 of 2016 Arising Out of PS.Case No. -123 Year- 2016 Thana -BARACHATTI District- GAYA ====================================================== Savitri Devi Wife of Lakhan Chaudhary Resident of village - Baradih, Police Station Barachatti, District - Gaya .... .... Petitioner

Versus

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

For the Petitioner : Mr. Binod Kumar, Advocate For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 05-09-2016 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends her arrest for the offences alleged under Sections 47(A) of the Bihar Excise (Amendment) Act, registered in connection with Barachatti P.S. Case No. 123 of 2016.

3. It is submitted that the petitioner being a lady has been falsely implicated and the petitioner completely denies the entire occurrence. The FIR is completely silent about recovery of any article to support the accusation of manufacture of liquor which is a subsequent addition in the seizure list as an after thought.

4. Having regard to the entirety of the facts and circumstances, in the event of the petitioner's arrest or surrender

Patna High Court Cr.Misc. No.36174 of 2016 (2) dt.05-09-2016 before the court below within six weeks from the date of communication of this order, let the above named petitioner 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 A.C.J.M., Sherghati, Gaya, in connection with Barachatti P.S. Case No. 123 of 2016, subject to the conditions as laid down under Section 438 (2) Cr.P.C ., and also subject to the following further conditions:

(i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall cooperate with the investigation and make herself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(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 will be liable to be cancelled by the Court concerned.

Chandran/Ibrar (Vikash Jain, J) U T