Lila Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82711 of 2019 Arising Out of PS. Case No.-141 Year-2019 Thana- MADHEPUR District- Madhubani ====================================================== Lila Devi, aged about 35 years, wife of Nunu Mahto, Resident of Village - Nawada, P.S.- Madhepur, District- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gagan Deo Yadav For the Opposite Party/s :

Mr.Veena Rani Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-12-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in Madhepur P.S. Case No. 141 of 2019 registered under Sections 272, 273 of the I.P.C. and 30 (a) of Bihar Prohibition and Excise Act, 2018. 69.84 litres foreign liquor has been recovered from the house of petitioner.

It has been submitted on behalf of the petitioner that the said recovery is from the joint house of the petitioner in which other co-sharers are also residing and not from his conscious possession. Petitioner has no criminal antecedent and Section 100 Cr. P. C. procedure has not been followed. There is no threat of tampering with evidence.

Considering the aforesaid facts and circumstances as well as nature of accusation, in the event of arrest or surrender

Patna High Court CR. MISC. No.82711 of 2019(2) dt.18-12-2019 2/2 within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J -II -cum-Special Judge (Excise) Act, Madhubani in connection with Madhepur P.S. Case No. 141 of 2019 on the following conditions: (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the Court below.

(ii) if the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) shakir/- U T