Puja Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19961 of 2017 Arising Out of PS.Case No. -48 Year- 2017 Thana -FATEHPUR District- GAYA ======================================================

1. Puja Devi Wife of Dilip Ram, Resident of Mohalla- Ramshila, P.S.- Delha, District- Gaya.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vinod Kumar For the Opposite Party/s : Mr. Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-05-2017 Heard the parties.

The petitioner seeks regular bail in connection with Fatehpur P.S.Case No.48 of 2017 registered for offences punishable under Sections 272 & 273 of the Indian Penal Code. Allegation against the petitioner is that 380 pouches of 200 ml. each (total 76 ltrs.) of Jharkhand-made liquor have been recovered from the possession of the petitioner. It is submitted on behalf of the petitioner that nothing has been recovered from the possession of the petitioner rather it was recovered in front of the petitioner when she was waiting for Tempo, as such she has been falsely implicated in this case. Further, it is submitted that she has no criminal antecedent and remained in custody for more than two months.

Patna High Court Cr.Misc. No.19961 of 2017 (2) dt.05-05-2017 2/2 Heard learned A.P.P. also.

Having heard both sides and in view of clean antecedent and she has remained in custody for more than two months, as such, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Excise, Gaya in connection with Fatehpur P.S.Case No.48 of 2017.

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

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

(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U