The Patna High Court granted regular bail to the petitioner, who was in custody under a case involving possession of foreign wine and ganja. She was to furnish a bond and provide two sureties.
Bail on furnishing bonds of Rs.50,000/- with two sureties of the like amount each.
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.12285 of 2022
Arising Out of PS. Case No.-48 Year-2020 Thana- BELDOUR District- Khagaria
======================================================
SHOBHA DEVI W/o Indal Singh R/o Village- Barun, P.S.- Beldaur, DistrictKhagaria.
... ... Petitioner
| The State of Bihar ==================== |
Versus ... ... Opposite Party ================================== |
|---|---|
| Appearance : For the Petitioner/s : |
Mr. Rajesh Kumar, Advocate |
| For the Opposite Party/s : ==================== |
Mr. Gulnar Begum, APP. ================================== |
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER
2 05-07-2022
The petitioner seeks regular bail in connection with Beldaur P.S. Case No. 48 of 2020 lodged under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2016.
As per prosecution case, upon secret information a raid was conducted in the house of Indal Singh, husband of the petitioner and total 797 liters of foreign wine and 3kg and 800g. Ganja were recovered from the house.
Learned counsel for the petitioner submits that police has filed two different case one under Excise Act and another under NDPS Act, present case is related to Excise Act. Learned counsel further submits that petitioner is in custody since 10.03.2020. He also submits that co-accused person has been granted bail by the Co-ordinate Bench of this Court vide order dated 08.02.2021 passed in Cr. Misc. No. 38695 of 2020.
Patna High Court CR. MISC. No.12285 of 2022(2) dt.05-07-2022 2/3
Learned A.P.P. opposes the prayer for bail.
Considering the facts that the petitioner is a lady and
she is in custody since 10.03.2020 and Co-ordinate Bench of this Court has granted bail to other co-accused, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.50,000/- (Fifty Thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-II -cumSpecial Judge, Excise, Khagaria in connection with Beldaur P.S. Case No. 48 of 2020, subject to the following conditions:-
(i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.
(ii) At the time of furnishing bail bond, the petitioner shall file an affidavit to the effect that he shall not indulge himself in future in the similar type of offence. If it is found so, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.
Accordingly, the bail application stands disposed of.
(Dr. Anshuman, J.)
ravishankar/-
U T
Patna High Court CR. MISC. No.12285 of 2022(2) dt.05-07-2022 3/3
1 issue framed by the court
Whether the petitioner is entitled to regular bail under the Bihar Prohibition and Excise (Amendment) Act, 2016.
1 provisions across 1 enactments
Shobha Devi W/o Indal Singh
The State of Bihar
Dr. Anshuman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
