Suman v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76463 of 2024 Arising Out of PS. Case No.-227 Year-2024 Thana- MAKER District- Saran ====================================================== Suman D/O Ashok Kumar, W/O Anuj Resident of Village- Gannaur, P.S.- Gannaur Chowki, District- Sonipat (Haryana) ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Alok Kumar Alok, Advocate For the Opposite Party/s :
Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 28-10-2024 Heard the parties.
2. The petitioner is in custody in connection with Maker P.S. Case No. 227 of 2024 for the offence under Sections 30(a) of the Bihar Prohibition and Excise Act lodged on 27.08.2024 by the informant, Vikash Kumar.
3. As per the prosecution story, the informant alleged that upon information, her vehicle was intercepted and there is recovery of 120 liters of English wine. Accordingly, the FIR followed by the arrest.
4. Learned counsel for the petitioner submits that she was mere passenger to the said vehicle, neither driver nor the owner, only because of being present in the wrong vehicle, implicated, already suffered by being in custody since 27.08.2024 (paragraph - 4 of the petition) and she do not have
Patna High Court CR. MISC. No.76463 of 2024(2) dt.28-10-2024 2/3 any criminal antecedent.
5. Learned APP opposes the prayer for bail.
6. Taking into account the aforesaid submissions as also the fact that she is a lady without any criminal antecedent and is in custody since 27.08.2024, this Court is inclined to extend her the privilege of bail with conditions.
7. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned 3rd Exclusive Special Excise Court, Saran at Chapra, in connection with Maker P.S. Case No. 227 of 2024 subject to the following conditions:
(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of her bail bond by the Trial Court itself;
(iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for
Patna High Court CR. MISC. No.76463 of 2024(2) dt.28-10-2024 3/3 cancellation of the bail bonds;
(iv) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of her bail bonds. (Rajiv Roy, J) Adnan/- U T