Munni Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74455 of 2019 Arising Out of PS. Case No.-425 Year-2019 Thana- BODHGAYA District- Gaya ====================================================== Munni Devi Wife of Nawal Manjhi @ Devsaran Manjhi, Resident of Village - Ganghar, P.O. - Koshila, P.S. - Magadh University, Bodh Gaya, District - Gaya at presently residing at Mohalla - Mastipur, P.S. - Bodh Gaya, District - Gaya.

... ... Petitioner

Versus

The State of Bihar. ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Dharmendra Kumar Sinha, Advocate For the Opposite Party/s :

Mr.Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 16-01-2020 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner in the present case is seeking regular bail in connection with Bodh Gaya P.S. Case No. 425 of 2019 registered for the offences punishable under Section 30(d) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case, nothing has been recovered from the conscious possession of the petitioner. The petitioner is in custody since 30.09.2019. Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, wherein the allegation against the petitioner is that she was

Patna High Court CR. MISC. No.74455 of 2019(2) dt.16-01-2020 2/2 carrying 30 Kg. of Mahua flower only, the petitioner has no criminal antecedent and she is in custody for more than three months, let the petitioner above named be released on bail in connection with Bodh Gaya P.S. Case No. 425 of 2019 on furnishing of bail bond of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge (Excise), Gaya, subject to the condition as laid down under Section 437 (3) Cr.P.C. as under : (a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

(Rajeev Ranjan Prasad, J) vats/ved U T