Janki @ Priti Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51975 of 2016 Arising Out of PS.Case No. -340 Year- 2016 Thana -BARACHATTI District- GAYA ======================================================

1. Janki @ Priti Kumari Wife of Ajay Singh, resident of village - Bhebhan Sikariya, P.S. Nagar Jehanabad, District - Jehanabad .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ratanakar Jha For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 15-12-2016 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in custody since 03.09.2016 in connection with Barachatti P.S. Case No. 340/16 for offences punishable under Sections 272, 273, 120(B) of the Indian Penal Code and under Sections 47(a), 48(2), 54 and 63 of Bihar Excise (Amendment) Act, 2016.

The prosecution case, as lodged by the police personnel, is that on secret information they intercepted a Maruti Suzuki Car coming from Jharkhand loaded with huge quantity of foreign liquor.

It has been submitted by the learned counsel for the petitioner that she is innocent and she has no criminal history. Nothing has been recovered from the conscious possession of the

Patna High Court Cr.Misc. No.51975 of 2016 (2) dt.15-12-2016 2/2 petitioner. She has been implicated merely on the basis of suspicion. It has further been submitted that the petitioner was a passenger in the public carrier bus and foreign liquor seized was not loaded by her. It is further stated that charge-sheet has already been submitted, hence, there is no chance of tampering with the prosecution evidence.

However, learned APP for the State submits that the petitioner is named in the FIR, hence, opposes the prayer for bail. Be that as it may, considering the facts aforesaid and submission of the parties and that charge-sheet has already been submitted and the petitioner has no criminal history, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Sherghati, Gaya, in connection with Barachatti P.S. Case No. 340/16, subject to the condition that one of the bailors must be close relative of the petitioner and another having sufficient immovable property within the jurisdiction of the court concerned and the petitioner will appear before the learned court below during trial as and when required.

(Nilu Agrawal, J.) Rakhi U T