Pratima Devi And Anr vs State Of Bihar

Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in connection with Dhanarua PS Case No.370 of 2019 dated 08.09.2019 instituted under Sections 30(a) and 37(c) of the Bihar Prohibition and Excise Act, 2016.

The petitioners, along with two others, were found in possession of ten litres of countrymade liquor, which they were carrying in a gallon.

Learned counsel for the petitioners submitted that the allegation is false as it has come that they had in their lap an infant child and, thus, with the child carrying ten litres in a gallon and running away is neither practical nor believable. It was submitted that the petitioners along with their child are in custody since 09.09.2019 and have no past criminal antecedent.

Learned APP submitted that petitioners have been caught with ten litres of countrymade liquor.

Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioners be released on bail upon furnishing bail bond of Rs.25,000/- (twenty five thousand) each with two sureties of the like amount each to the satisfaction of the Special Judge, Excise, Patna, in Dhanarua PS Case No.370 of 2019 (Special Case No.8081 of 2019), subject to the conditions (i) that one of the bailors shall be a close relative of the petitioners and (ii) that the petitioners and the bailors shall execute bond with regard to good behaviour of the petitioners. The petitioners shall also give an undertaking to the Court that they shall not indulge in any criminal activity. Any violation of the terms and conditions of the bonds or the undertaking shall lead to cancellation of their bail bonds. The petitioners shall cooperate in the case and be present before the Court on each and every date. Failure to cooperate or being absent on two consecutive dates, without sufficient cause, shall also lead to cancellation of their bail bonds.

The application stands disposed off.