Patna High CourtCR. MISC./59104/2023bail granted

Punam Devi v. The State Of Bihar

2023-09-05Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 59104 of 2023 Arising Out of PS. Case No.-582 Year-2023 Thana- GOVERNMENT OFFICIAL COMP. District- Jehanabad ====================================================== PUNAM DEVI Wife of Papu Manjhi Resident of village - Ghoshi, Mushary, P.S. - Ghoshi, Distt. - Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amrendra Kumar Singh, Advocate For the Opposite Party/s :

Mr. Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 05-09-2023 Heard the parties.

2. The petitioner is in custody in connection with Jehanabad Excise P.S. Case No. 582 of 2023 for the offence under section 30(a) of Bihar Prohibition and Excise Amendment Act 2022 lodged on 30.05.2023 by the informant, Sarita Kumari.

3. As per the prosecution story, the allegation is that the Police during patrolling, intercepted/apprehended the accused persons and recovered/seized two liters of 'chulai' in a plastic bottle. Accordingly the FIR.

4. Learned counsel for the petitioner submits that she has been falsely implicated in this case, is a house lady and has remained in custody since 31.05.2023 (as stated in paragraph 12

Patna High Court CR. MISC. No. 59104 of 2023(2) dt.05-09-2023 2/3 of the petition).

5. Learned APP opposes the prayer for bail.

6. Considering the aforesaid submissions put forward by the learned counsel for the petitioner as also that she is a lady, is in custody since 31.05.2023, this Court is inclined to extend her the privilege of bail with conditions.

7. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Special Excise Court No. 1, Jehanabad, in connection with Jehanabad Excise P.S. Case No. 582 of 2023 subject to the following conditions: (i) one of the bailor should be the family member of the petitioner who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of her bail bond by the Trial Court itself;

(iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

Patna High Court CR. MISC. No. 59104 of 2023(2) dt.05-09-2023 3/3 (iv) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of her bail bond.

8. With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) kiran/- U T