Patna High CourtCR. MISC./40968/2016bail granted

Chunmun Devi And ANR. v. The State Of Bihar

2016-09-27Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40968 of 2016 Arising Out of PS.Case No. -85 Year- 2016 Thana -NAUBATPUR District- PATNA ======================================================

1. CHUNMUN DEVI w/o of Late Chandra Shekhar Manjhi

2. Sujanti Devi w/o of Late Ramashish Manjhi All Resident of VillageAdampur Matkhan, P.S.-Naubatpur, District Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shailesh Kumar For the Opposite Party/s : Mr. Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 27-09-2016 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Naubatpur P.S. Case No. 85 of 2016, disclosing offences under Sections 272,273 of the Indian Penal Code and Section 47(a) of the Bihar Excise Act. Learned counsel for the petitioners has submitted that the recovery of 20 liters of wine from the place alleged to be in possession of petitioner No.1 and 30 liters from the place allegedly belonging to petitioner No.2 relates to pre-prohibition period. It has been argued that the petitioners are ladies and there is no chance that they would abscond from the process of investigation on trial. It has also been submitted that there is no criminal antecedent and it has been

undertaken that the petitioners would never indulge themselves in such activities in future.

Considering the above, this application is allowed. Let the petitioners above-named in the event of their arrest/surrender within four weeks from today in the Court below be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Danapur in Naubatpur P.S. Case No. 85 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled (Chakradhari Sharan Singh, J) ArunKumar/-c U