Allowed

Indu Devi v. The State Of Bihar

Patna HC29 Nov 2017CR. MISC./40119/2017

Case brief

AI extract

What is this about?

In a criminal petition for bail, the High Court granted enlargement to the petitioner, a woman defendant charged with manufacturing spurious liquor, upon furnishing a bond of Rs. 10,000 with two sureties and complying with specific conditions.

What did the court decide?

Petitioner enlarged on bail on furnishing bond of Rs. 10,000 with two sureties of like amount subject to conditions regarding property, witness tampering, and court appearance.

Indu Devi Vs The State Of Bihar — Narcotics (NDPS) | Patna HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.40119 of 2017

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Arising Out of PS.Case No. -348 Year- 2016 Thana -GOPALGANJ TOWN District- GOPALGANJ

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======================================================

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Indu Devi, Wife of Late Sheo Narayan Pasi, Residence of Khajurbani, Ward No.-25, P.S.- Gopalganj, Distt- Gopalganj.

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.... .... Petitioner/s Versus 1. The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sushil Kumar For the Opposite Party/s : Mr. Umeshnand Pandit

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====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER

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4 29-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

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Petitioner is languishing in judicial custody since 09.09.2016 in connection with Gopalganj Town P.S. Case No. 348/2016 for offences punishable under Sections 328, 304, 120B/34 of the Indian Penal Code and Section 50(A)(B)(C) of the Excise Act.

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The prosecution case, as lodged by the police personnel, is that on information that large number of persons are sick and some died due to consumption of spurious toddy and liquor, the police went to the hospital and was informed that the said persons had taken toddy from the shop of one Nagina Pasi and large number of other persons named in the First Information

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Patna High Court Cr.Misc. No.40119 of 2017 (4) dt.29-11-2017

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Report including the petitioner are involved in manufacture of spurious toddy.

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It has been submitted by the learned counsel for the petitioner that she is innocent and has been falsely implicated in the aforesaid case. He submits that petitioner is not involved in manufacture of spurious toddy or illicit liquor and she is languishing in judicial custody for nearly 15 months. He further submits that charge-sheet has already been submitted, there is no allegation of tampering of the prosecution witnesses by the petitioner and co-accused named in the First Information Report have been granted privilege of bail by coordinate Benches of this Court in Cr. Misc. Nos. 12275, 7328, 13639, 13978 all of 2017.

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However, learned APP for the State opposes the prayer

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for bail.

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Considering the facts and circumstances and the materials on record including the period of custody and that petitioner is a lady, let petitioner, above named, 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 Chief Judicial Magistrate, Gopalganj, in connection with Gopalganj P.S. Case No. 348/16, subject to the following conditions :

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(i) One of the bailors of the petitioner shall be a local

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Patna High Court Cr.Misc. No.40119 of 2017 (4) dt.29-11-2017

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person having sufficient immovable property within the jurisdiction of the concerned court.

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(ii) The petitioner will not induce any witness or tamper with the evidence.

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(iii) The petitioner shall cooperate in the disposal of trial and make herself available as and when required by the court and on the event of failure on her part to appear before the court below on two consecutive dates without showing any genuine reason, the prosecution is free to move for cancellation of her bail.

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(Nilu Agrawal, J)

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Rajesh/-

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U T

Indu Devi v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Indu Devi v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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