Kiran Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55436 of 2019 Arising Out of PS. Case No.-204 Year-2019 Thana- KAUWAKOL District- Nawada ====================================================== KIRAN DEVI Wife of Late Umesh Chaudhary Resident of Village-Kapasiya Gandhi Sthan, P.S.-Kauwakole, District-Nawada. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Krishna Deo Raj For the Opposite Party/s :

Mr.Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-09-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks bail in a case registered for the offence punishable under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that there is recovery of 40 litres country made mahua liquor from the joint house of the petitioner. It is further submitted that there is one case pending against the petitioner. There is no compliance under Section 100 of the Cr.P.C. Petitioner is in judicial custody since 19.07.2019.

In the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of

Patna High Court CR. MISC. No.55436 of 2019(2) dt.02-09-2019 2/2 the like amount each to the satisfaction of the learned Additional District Judge-II-cum-Special Judge Excise, Nawada in connection with Kauwakole Police Station Case No. 204 of 2019, subject to the conditions that:

(I) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(II) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by Court and her absence on two consecutive dates without sufficient reasons, her bail bond shall be cancelled by the court below. (III) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Anjani Kumar Sharan, J) devendra/- U T