Bijanti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43060 of 2017 Arising Out of PS.Case No. -142 Year- 2017 Thana -PATNA CITY CHOWK District- PATNA ======================================================

1. Bijanti Devi, Wife of Paras Nath Sao, Resident of 25, Aashutosh Mukharjee Road, Police Station- Bhawanipur, District- Kolkata- 20. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Subhash Kumar For the Opposite Party/s : Mr. Sri Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 20-09-2017 Heard the parties.

This application, for grant of anticipatory bail, arises out of Chowk P.S. Case No. 142/2017, disclosing offences under Sections 5(A), 9(B)/12 of the Explosive Substances Act, 1884 read with Rules 6, 7 and 47 of Explosive Rule, 2008. There is allegation of illegal transportation of explosive fire crackers belonging to the petitioner. It appears from the records that the consignment was meant for Aryan Sales Private Limited, Patna City, dispatched by Sitala Fire Works, Nadiya, Kolkatta. Admittedly, the statutory license, which the Aryan Sales Private Limited was holding, had expired, in the year 2015 itself.

Learned counsel for the petitioner has submitted that

Patna High Court Cr.Misc. No.43060 of 2017 (2) dt.20-09-2017 2/2 so far as the petitioner is concerned, her implication is because he is the owner of the truck. It is submitted by learned counsel for the petitioner that without verifying the license, the consignment was supplied to Aryan Sales Private Limited by Sitala Fire Works, Nadia, Kolkatta. It has also been submitted that the driver of the truck has been granted bail by the court below. Considering the facts aforesaid, this application is allowed. Let the petitioner above named, in the event of her arrest or surrender before the court below within a period of six weeks, 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 the learned Judicial Magistrate 1st Class, Patna City in connection with Chowk P.S. Case No. 142/2017, subject to the condition laid down under Section 438(2) of the Cr.P.C. This is subject to the condition that the petitioner shall present herself before the police/Court, as the case may be, as and when required and in the event of failure on her part to appear before the Court on two consecutive occasions, her bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Rakhi U T