Allowed bail in a case under section 30(a) of the Bihar Prohibition and Excise Act. The court granted regular bail despite criminal antecedents, noting the petitioner is a woman and alleged liquor was not recovered from her conscious possession.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.3551 of 2022
Arising Out of PS. Case No.-151 Year-2021 Thana- KHIJARSARAI District- Gaya
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SHEELA DEVI W/o Late Ashok Chaudhary Resident of Village - Horma, P.s.- Khizersarai, Distt.- Gaya.
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr.Vishwa Ranjan Choudhary For the Opposite Party/s : Mr.Arun Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER
2 21-06-2022
Heard learned counsel for the petitioner and the
State.
Petitioner seeks regular bail in a case registered for
the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act.
Allegedly, 10 liters of country made liquor was recovered from the house of this petitioner.
The main submissions advanced by the learned counsel for the petitioner are that petitioner is a widow and alleged liquor was not recovered from her conscious possession and she has two criminal antecedents in which she is on bail in one case and after her arrest, she was implicated in all cases. Petitioner has been languishing in jail since 27.10.2021.
Learned APP opposes the prayer for bail.
Patna High Court CR. MISC. No.3551 of 2022(2) dt.21-06-2022 2/3
Heard both sides and perused the FIR-cum- seizure list. As per FIR alleged recovery is said to have been made from courtyard of the petitioner and seeing the police all family members of this petitioner managed to escape and petitioner has taken plea that the alleged wine was not recovered from her conscious possession. Considering these facts as well as petitioner's custody period and also the fact that she is woman, in my view, a lenient approach may be taken in respect of the petitioner. Let the petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge II-cum- Special Judge, Excise Act, Gaya in Khizersarai Police Station Case No. 151 of 2021 on the following conditions:-
(1) Petitioner shall co-operate in the trial and shall beproperly represented on each and every date fixed by the Court below and shall remain physically present as directed by the Court below and on his/her absence on two consecutive dates without sufficient reason, his/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
Patna High Court CR. MISC. No.3551 of 2022(2) dt.21-06-2022 3/3
move for cancellation of bail.
(3) One of the bailers shall be close relative of the petitioner who has sworn affidavit in this miscellaneous petition.
The court below will verify the criminal antecedent of the petitioner but acceptance of bail bond will not be delayed on account of process of verification of the said criminal antecedent. If any criminal antecedent other than of cases mentioned in para 3 of the petition of the petitioner is found then the court below shall take serious action against him for cancellation of his bail bond.
(Shailendra Singh, J)
s.hassan/-
U T
1 issue framed by the court
Whether the petitioner, a widow with criminal antecedents possessed in the eye of law, is entitled to bail in a case under section 30(a) of the Bihar Prohibition and Excise Act.
1 provisions across 1 enactments
SHEELA DEVI W/O LATE ASHOK CHAUDHARY
THE STATE OF BIHAR
SHAILENDRA SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
