The Patna High Court allowed the bail application of a female petitioner falsely implicated in illicit liquor smuggling under the Bihar Prohibition and Excise Act, 2016, releasing her on bond with conditions to cooperate in trial.
Released on bail on furnishing a bond of Rs. 10,000 with two sureties of like amount each.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.23203 of 2020
Arising Out of PS. Case No.-430 Year-2018 Thana- BAHADURPUR District- Darbhanga
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Manju Devi W/o- Ram Murat Yadav Residence of Village/ Mohallah - Biuni, P.S. - Bahadurpur (Pator O.P.), District- Darbhanga.
... ... Petitioner/s
Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Kedar Jha For the Opposite Party/s : Mr.A.P.P. ======================================================
... ... Opposite Party/s
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
The petitioner seeks bail in G.O. Case No. 866 of 2018, arising out of Bahadurpur P.S. Case No. 430 of 2018, registered for the offence under Sections 30(a)/32(2)(3)/38 of Bihar Prohibition and Excise Act, 2016.
In this case, 1200 liters of illicit foreign liquor are said to have been recovered from a hut and altogether eight persons have been named in the FIR, which includes petitioner.
It is submitted on behalf of petitioner that petitioner, who is lady, has falsely been implicated due to dirty village politics. It is further submitted that nothing has been recovered from the conscious possession of the petitioner, but all the family members of petitioners have been dragged in this case. In this case, husband and son of petitioner have already been granted bail by this Court, vide order dated 13-03-2019 passed
Patna High Court CR. MISC. No.23203 of 2020(2) dt.09-09-2020 2/2
in Cr.Misc. No. 14999 of 2019 and order dated 04-03-2020 passed in Cr.Misc. No. 9195 of 2020 respectively. The petitioner is in custody since 02-03-2020, having no criminal antecedent.
Considering the aforesaid facts and circumstances, the bail application is allowed.
Let the above-named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge-cum-Special Judge (Excise), Darbhanga in connection with G.O. Case No. 866 of 2018 (arising out of Bahadurpur P.S. Case No. 430 of 2018) on the following conditions:
“(1) Petitioner shall cooperate 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 her absence on two consecutive dates without sufficient reason, her bail-bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.”
(Prabhat Kumar Singh, J.)
anay
U T
1 issue framed by the court
Whether the petitioner, a lady falsely implicated in a liquor smuggling case and in custody since 02-03-2020 with no criminal antecedent, is entitled to bail.
1 provisions across 1 enactments
Manju Devi W/o- Ram Murat Yadav
The State of Bihar
Prabhat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
