Baishakhi Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50104 of 2019 Arising Out of PS. Case No.-30 Year-2019 Thana- PIRI BAZAR District- Lakhisarai ====================================================== BAISHAKHI DEVI Wife of Sugo Sada, Resident of Village - Bariyarpur Musahari, P.S.- and Distt - Lakhisarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jainendra Kumar For the Opposite Party/s :

Mr.Ajay Kumar No. 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 09-08-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Piri Bazar P.S. Case No. 30 of 2019 registered for offence punishable under section 30(a) of the Bihar Prohibition & Excise (Amendment) Act, 2016. It has been alleged that 10 litres of mahua liquor has been recovered from the house of petitioner.

The learned counsel for the petitioner submits that the house, from which the liquor has been recovered, is a joint house and she is not responsible for liquor.

Looking to the quantity of liquor and the petitioner having no criminal antecedent, the prayer for bail of the petitioner is allowed and he, in the event of arrest or surrender

Patna High Court CR. MISC. No.50104 of 2019(2) dt.09-08-2019 2/2 before the court below within six weeks from today, is directed to be enlarged on anticipatory bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Additional District Judge-II, Lakhisarai in connection with Piri Bazar P.S. Case No. 30 of 2019, subject to the conditions as laid down under section 438 Cr. PC and also subject to the condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. The petitioner will not induce any witness or tamper with the evidence. The petitioner shall cooperate in the disposal of trial and make herself available as and when required by the court. If the petitioner is found involved in similar type of allegation in future, the prosecution will have liberty to file an application for cancellation of her bail bond.

(Shivaji Pandey, J) Mahesh/- U T