This court disposed of a regular bail application where the petitioner, a woman without criminal antecedents, faced arrest anxiety in a mahua liquor case. The court conditioned bail consideration on her surrender within six weeks.
Conditional discharge; if petitioner surrenders within six weeks, bail will be considered at the lower court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.20073 of 2016
Arising Out of PS.Case No. -95 Year- 2016 Thana -TEKARI District- GAYA ====================================================== 1. Sabita Devi wife of Late Binod Choudhary, resident of Village- Kusapi, P.S.- Tikari (Panchanpur), District- Gaya. .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Bimal Kumar, Advocate For the Opposite Party/s : Mr. Reena Sinha (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 05-05-2016 Heard learned counsel for the petitioner and the State. Petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 272, 273 of the Indian Penal Code, 47A of the Excise Act and Sections 2(v), 3, 5, 18 of the Mahua Flower Rules, 2006.
The prosecution case is that from the house of petitioner 10 liters mahua liquor and 200 K.g fermented mahua were seized.
It is submitted by the learned counsel for the petitioner that recovery has been made from the joint family house of the petitioner and petitioner is a lady having no criminal antecedent.
The aforesaid facts constitute ground for consideration of prayer for regular bail of the petitioner, if
Patna High Court Cr.Misc. No.20073 of 2016 (2) dt.05-05-2016
2
the petitioner surrenders before the learned court below within a period of six weeks from today in connection with Tekari (Panchanpur) P.S. Case No. 95 of 2016, pending in the court of learned Additional Chief Judicial Magistrate, 9th , Gaya.
With the above observation this application is disposed of. (Dinesh Kumar Singh, J) P.K./-
U T
2 issues framed by the court
Whether the petitioner is entitled to regular bail in a case involving illegal production of mahua liquor.
Whether the surrender of the petitioner within six weeks would justify an adjournment for bail consideration.
1 provisions across 1 enactments
Sabita Devi
The State of Bihar
DINESH KUMAR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
