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Patna High CourtCR. MISC./57248/2017bail granted

Amalaa Devi v. The State Of Bihar

2017-11-28Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57248 of 2017 Arising Out of PS.Case No. -143 Year- 2017 Thana -KUTUMBA District- AURANGABAD ======================================================

1. Amalaa Devi W/o Alakh Deo Narayan Singh R/o Vill Korami, P.S. Chhatarpur, District -Palamu(Jharkhand).

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Singh For the Opposite Party/s : Mr. Sri Indra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 28-11-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Kutumba P.S. Case No. 143 of 2017 instituted for the offence under Sections-37(b), 30(a)/38 of Bihar Prohibition and Excise Act, 2016.

There is allegation in the written report that three persons were apprehended in vehicle along with 180 ml. foreign liquor. The vehicle is said to be registered in the name of this petitioner. The petitioner is a lady. There is no recovery from her conscious possession. It has been mentioned that the petitioner has no criminal antecedent.

In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner named above in the event of her arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail

Patna High Court Cr.Misc. No.57248 of 2017 (2) dt.28-11-2017 on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Kutumba P.S. Case No. 143 of 2017 to the satisfaction of Additional District & Sessions JudgeVII-cum-Special Judge (Excise), Aurangabad subject to condition as laid down u/S 438(2) of the Cr.P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) A.K.V./- U T