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Patna High CourtCR. MISC./20247/2018bail granted

Zamila Khatoon v. The State Of Bihar

2018-04-19Mr. Justice Dr. Ravi Ranjan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20247 of 2018 Arising Out of PS. Case No.-58 Year-2017 Thana- VIDYAPATINAGAR District- Samastipur ====================================================== Zamila Khatoon W/o Late Zakira Resident of Village-Mau Bazar, P.S.- Vidyapati Nagar, Distt.-Samastipur.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Surya Narayan Roy For the Opposite Party/s :

Mr. Pawan Kumar Chaurasiya ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 19-04-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered for offences punishable under Sections 272/273 of the I.P.C. and Sections 30 (a), 35(a), 38(i) (ii) and 41 (i) (ii) of the Bihar Prohibition and Excise Act, 2016.

It is contended that, as per allegation, 90 litres foreign liquor was recovered from a car and two persons, namely, Divyanshu Kumar @ Raja Kumar and Nand Kumar @ Nand Kumar Singh were apprehended. They had disclosed the name of the petitioner. However, Divyanshu Kumar @ Raja Kumar and Nand Kumar @ Nand Kumar have been granted bail by co-ordinate Benches of this Court vide order dated

Patna High Court Cr.Misc. No.20247 of 2018(2) dt.19-04-2018 2/3 10.07.2017 passed in Cr. Misc. No.30651 of 2017 and order dated 20.07.2017 passed in Cr. Misc. No.32998 of 2017 respectively. Petitioner is in custody since 14.12.2017. Having regard to the facts and the circumstances of the case and also the fact that the petitioner is a lady, the abovenamed petitioner is directed to be released on bail on her furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the 3rd Addl. Sessions Judge-cum-Special Judge, Excise Act, Samastipur in connection with Vidyapati Nagar P.S. Case No. 58/2017.

Further, if the petitioner, after her release in this case, is again found to be involved in similar nature of case then the court concerned would be at liberty to take steps for cancellation of her bail bond.

That apart, in view of the antecedents of the petitioner, she would be required to appear before the Superintendent of Police, Samastipur within fifteen days of his release with a copy of this order and every two weeks thereafter for the next six months. The conduct of the petitioner will be kept under watch in the aforesaid period by the Superintendent of Police concerned and if it is found wanting in any respect, a

Patna High Court Cr.Misc. No.20247 of 2018(2) dt.19-04-2018 3/3 report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Superintendent of Police, a certificate will be filed by the petitioner before the court concerned which should be granted by the Superintendent of Police upon her appearance.

(Dr. Ravi Ranjan, J) Sanjay/- U T