Chandrawati Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61010 of 2022 Arising Out of PS. Case No.-230 Year-2022 Thana- AMNAUR District- Saran ====================================================== Chandrawati Devi, aged about 47 years, (female) Wife Of Yogendra Ram R/O Village- Amnour Harnarayan, P.S.- Amnour, Distt.- Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shatrughan Pandey, Adv.
For the Opposite Party/s :
Mr.Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 13-01-2023 This matter has been taken up today for consideration through video conferencing.
Heard learned counsel for the petitioner and the learned APP for the State.
The petitioner seeks bail in connection with Amnour P. S. Case No. 230 of 2022, registered for the offence punishable under Section 30, 30(a) and 37 of the Bihar Prohibition and Excise Act, 2018.
There is allegation that on information, the police has come to search the house of Lal Mohan Ram from where it is alleged that illicit liquor were being sold. The search has led to recovery of 160 liters wine from his house. The petitioner's house, which is said to be adjacent to the house of Lal Mohan Ram, was also searched and 70 litres country made liquor and 540 ML Indian made foreign liquor has been recovered.
It is submitted that petitioner was not present at the time of recovery. She has no concern with the alleged liquor. She has been falsely implicated in this case. Co-accused, namely, Lal Mohan Ram, regarding whom information was received of indulging in sale of illicit liquor has been allowed bail in Criminal Miscellaneous No.
Patna High Court CR. MISC. No.61010 of 2022(3) dt.13-01-2023 2/2 55738 of 2022. Petitioner is in custody since 06-08-2022, though she has no criminal antecedent The learned APP has opposed the prayer for bail. Considering the rival submissions, manner of recovery, nature of allegation and the fact that investigation is complete, this Court, for the purposes of grant of bail, is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail of the petitioner is allowed.
Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. District and Sessions Judge- IInd -cum- 1st Exclusive Special Judge Excise, Saran (Chapra) in connection with Amnour P. S. Case No. 230 of 2022, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner. (ii)That the petitioner will be well represented on each date and if she fails to do so on two consecutive dates, her bail bond will be liable to be cancelled.
This Court would expect that the petitioner's counsel would honour his undertaking in the instant proceedings regarding supply of the requisite court fee etc. within two weeks from the date he is called upon to do so by the office.
(Madhuresh Prasad, J) shyambihari/- U T