Patna High CourtCR. MISC./49254/2017bail granted

Premsagari Devi v. The State Of Bihar

2017-10-17Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49254 of 2017 Arising Out of PS. Case No.-405 Year-2017 Thana- Ghorasahan District- East Champaran ====================================================== Premsagari Devi W/o Rampukar Patel, resident of Saraswati Chowk, P.S.- Ghorasahan, District- East Champaran.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Sangeet Deokuliar, Adv.

For the Opposite Party/s :

Mr. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 17-10-2017 Heard Sri Sangeet Deokuliar, learned counsel for the petitioner and learned Addl. Public Prosecutor. The sole petitioner, who is a lady and having clean antecedent, has prayed for grant of anticipatory bail in connection with Ghorasahan P.S. Case no.405 of 2017 registered for the offence under Sections 272, 273 of the Indian Penal Code and under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

It was submitted by learned counsel for the petitioner that it is true that the petitioner is running a tea-shop, but in her absence it was alleged that recovery of 10 bottles each containing 300 ml. of Kasturi Nibu Fresh wine was shown and the petitioner has been made accused. Learned counsel for the petitioner has argued that even the alleged bottles may not be

Patna High Court Cr.Misc. No.49254 of 2017(2) dt.17-10-2017 2/2 considered as wine, however the petitioner was made accused in her absence showing such recovery.

Considering the nature of accusation, clean antecedent as well as the fact that the petitioner is a lady, let the petitioner, namely,Premsagari Devi, in the event of her arrest or surrender within a period of six weeks from today, 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 learned 7th Addl. Sessions Judge-cum- Special Judge, Excise, Motihari, East Champaran in connection with Ghorasahan P.S. Case No.405 of 2017, subject to conditions as laid down in Section 438(2) of the Code of Criminal Procedure.

(Rakesh Kumar, J) nawalkrs/- U T