Mina Khatoon @ Raushan Tara v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83205 of 2024 Arising Out of PS. Case No.-10 Year-2024 Thana- Haraiya District- East Champaran ====================================================== Mina Khatoon @ Raushan Tara W/o- Tahir Hussain R/o- Dewan Chowk, Ward No. 16, P.S. Sugauli, District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs. Prerna Rishi, Advocate For the Opposite Party/s :
Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 09-12-2024 Heard the parties.
2. The petitioner is in custody in connection with Haraiya P.S. Case No. 10 of 2024 for the offence under Section 30(a) of the Bihar Prohibition and Excise Act lodged on 17.09.2024 by the informant, Priti Kumari.
3. As per the prosecution story, the Police apprehended a women carrying black bag and there is recovery/seizure of 18 liters of Nepali wine. This led to the FIR.
4. Learned counsel for the petitioner submits that she is in custody since 18.09.2024 (paragraph-4 of the petition) and was passing through the place when the Police attributed a bag lying to her which resulted into her custody.
5. Learned APP opposes the prayer for bail.
Patna High Court CR. MISC. No.83205 of 2024(2) dt.09-12-2024 2/3
6. Considering the submissions put forwarded by the parties as also that the petitioner is a lady and is in custody since 18.09.2024, 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 Exclusive Special Court No. 1, East Champaran, Motihari, in connection with Haraiya P.S. Case No. 10 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 cancellation of the bail bonds;
(iv) the petitioner shall desist from committing any
Patna High Court CR. MISC. No.83205 of 2024(2) dt.09-12-2024 3/3 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