Ramrati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13115 of 2021 Arising Out of PS. Case No.-282 Year-2020 Thana- GOPALPUR District- Patna ====================================================== RAMRATI DEVI W/o Suryadeo Paswan @ Surya R/o village- Baiman Tola, P.S.- Gopalpur, District- Patna ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhirendra Singh, Adv For the Opposite Party/s :

Ms. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 02-11-2021 Heard learned counsel for the petitioner and learned APP for the State.

This Court would expect that the petitioner's Counsel would honour his undertaking in the instant proceedings regarding supply of requisite court fee etc. within two weeks from the date he is called upon to do so by the office. Petitioner seeks bail in connection with Gopalpur P.S. Case No. 282 of 2020 (Special Case No. 5980/2020) registered under Section 30(a) and 37(b)(c) of the Bihar Prohibition and Excise Act.

145 litres mahua wine has been recovered from the co-accused Suraj Deo Paswan. The petitioner along with others has been apprehended at the spot.

Learned counsel for the petitioner submits that she

Patna High Court CR. MISC. No.13115 of 2021(8) dt.02-11-2021 2/3 has no criminal antecedents and is in custody since 9.10.2020. There is no recovery from her conscious possession. Co-accused Suraj Deo Paswan from whose Khatal the alleged wine has been recovered, has been allowed bail in Cr. Misc. No. 8845/2021. Learned APP has opposed the prayer for bail.

Considering the rival submissions as also the facts and circumstances of the case, this Court for the purposes of grant of bail is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail of the petitioner is allowed. Let the petitioner above named 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 Special Judge, Excise, in Gopalpur P.S. Case No. 282 of 2020 (Special Case No. 5980/2020), subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his

Patna High Court CR. MISC. No.13115 of 2021(8) dt.02-11-2021 3/3 bail bond will be liable to be cancelled. dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) SUMIT/- U T