Budhni Soren @ Budhi Besra And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34053 of 2017 Arising Out of PS.Case No. -56 Year- 2016 Thana -TEDHAGACHH District- KISANGANJ ======================================================

1. BUDHNI SOREN @ BUDHI BESRA Wife of Late Chandra Tudu.

2. Barki Marandi Wife of Late Dhuma Besra Both Resident of Jhunki Chouk, P.S.- Terhagachh, District- Kishanganj. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Fahad Khurshid For the Opposite Party/s : Mr. Smt Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-07-2017 The petitioners seek regular bail in connection with Terhagachh P.S. Case No. 56 of 2016, registered for offences punishable under Section 47(A) of Bihar Excise Act. Allegation against the petitioners is of recovery of six litres of country made wine.

It has been submitted on behalf of the petitioners that both the petitioners are ladies and they have falsely been implicated in this case. Moreover, the recovery is only six litres of country made wine, for which petitioners have sufficiently been punished as they have been in judicial custody since 23.08.2016 and have no criminal antecedents.

Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case, nature of allegation, period of custody and also that petitioners have no criminal antecedent and they have been in judicial custody for 11 months, as such, let the

Patna High Court Cr.Misc. No.34053 of 2017 (2) dt.26-07-2017 2/2 petitioners above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) eah with two sureties of the like amount each to the satisfaction of learned A.D.J-II, Kishanganj, in connection with Terhagachh P.S. Case No. 56 of 2016, subject to the following conditions:- (i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioners will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on their part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution will be free to move for cancellation of their bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T