Phulmati Devi @ Fulmati Devi v. The State Of Bihar

Patna High Court Cr.Misc. No.43172 of 2015 (2) dt.03-11-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43172 of 2015 Arising Out of PS.Case No. -40 Year- 2009 Thana -GOVERNMENT OFFICIAL COMP. DistrictAURANGABAD ====================================================== Phulmati Devi @ Fulmati Devi, W/O Sri Ramtawakal Singh, resident of village- Dhiri Bigha, P.S. Mali, District- Aurangabad (Bihar). .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA ORAL ORDER 03-11-2015 Heard learned counsel for the petitioner and learned Additional P.P. for the State.

The petitioner prays for anticipatory bail in a case under Section 47A of the Bihar Excise Act.

Although the case was registered in the year 2009 but according to the petitioner she became aware of the same only when the police reached her residence in her absence with warrant of arrest.

It is submitted by learned counsel for the petitioner that the petitioner was not named in the earlier information given by the Excise Authorities but subsequently the name of the petitioner has been roped in the case. It is further submitted that admittedly the petitioner was a licensee of country-made liquor shop and thus there was no occasion for the petitioner to have indulged in selling of illegal liquor and because the recovery has been made from the

Patna High Court Cr.Misc. No.43172 of 2015 (2) dt.03-11-2015 godown adjacent to the country-made shop, the petitioner has been falsely implicated. It is further submitted by learned counsel that the petitioner is an old lady, aged about 78 years and seriously ill and has been advised by the Doctor attending her for taking bed rest.

On a consideration of the facts and circumstances of the case, it is directed that the petitioner, Phulmati Devi @ Fulmati Devi, in the event of her arrest/surrender in the court below within a period of four weeks from today shall be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each in connection with Excise Case No. 40 of 2009 to the satisfaction of Sri Mahavir Prasad, Judicial Magistrate, 1st Class, Aurangabad, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Ramesh Kumar Datta, J) spal/- U