Fulmati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50365 of 2019 Arising Out of PS. Case No.-12 Year-2019 Thana- MATIYARIA District- West Champaran ====================================================== FULMATI DEVI Wife of Harilakhan Urav, Resident of Gram Sonbarsa, P.S.- Matiyaria, District - West Champaran ... ... Petitioner/s

Versus

THE STATE OF BIHAR.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar Shrivastava For the Opposite Party/s :

Mr.Pawan Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 13-08-2019 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 Matiyaria P.S. Case No. 12 of 2019 registered for offence punishable under sections 30 (a), 37 (b) and 37 (c) of the Bihar Prohibition and Excise Act, 2016. It has been alleged that 0.5 litre of liquor has been recovered from the house of petitioner.

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

Patna High Court CR. MISC. No.50365 of 2019(2) dt.13-08-2019 2/2 satisfaction of Special Judge, Excise, Bettiah, West Champaran in connection with Matiyaria P.S. Case No. 12 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 himself 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