Soni Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4135 of 2022 Arising Out of PS. Case No.-427 Year-2021 Thana- ATRI District- Gaya ====================================================== Soni Devi Wife of Prakash Chaudhary Resident of Village- Teusa, P.S.- Atri, District- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prithivi Raj Singh, Advocate For the Opposite Party/s :
Mr. Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 24-06-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Atri P.S. Case No. 427 of 2021 registered for the offence under Section 30(a) of Bihar Prohibition and Excise Act, 2018. The accused/petitioner is named in the F.I.R. and is in custody since 10.12.2021.
The allegation against the petitioner is to have in possession of two liters of country made Mahua liquor. Learned counsel appearing on behalf of the petitioner submitted that it cannot be said that the recovery has been made from the conscious physical possession of the petitioner as the house of the petitioner is jointly occupied by other family
Patna High Court CR. MISC. No.4135 of 2022(3) dt.24-06-2022 2/3 members. It has further been submitted that petitioner is a lady, who has no criminal antecedent. While concluding the argument, it has further been submitted that chargesheet has already been submitted in this case, as such there is no chance of tampering with the evidence.
Learned APP appearing on behalf of the State while opposing the prayer of bail fairly conceded that the recovery has been made from the joint house of the petitioner. Considering the facts and circumstances as mentioned above, as the recovery has not been made from the conscious physical possession of the petitioner as same has been from joint house of the petitioner, who is a lady, having clean antecedent coupled with the fact that chargesheet has already been submitted in this case, let the petitioner, above named, is directed to be released on bail in connection with Atri P.S. Case No. 427 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-IIcum-Special Judge of Excise Act, Gaya, subject to the following conditions:
"(i) That accused/petitioner shall not involve in the similar nature of offence
Patna High Court CR. MISC. No.4135 of 2022(3) dt.24-06-2022 3/3 till the conclusion of trial, failing which the State shall be at liberty to move before the Trial Court itself for the cancellation of bail bond of the petitioner.
(ii) Accused/Petitioner shall cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner, duly supported by the documents.
(iii) That one of the bailors shall be Shakuna Devi, who is the sister of the petitioner and deponent of the present bail petition."
(Chandra Shekhar Jha, J) Ankit/- U T