Usha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4455 of 2025 Arising Out of PS. Case No.-385 Year-2021 Thana- NAWADA District- Nawada ====================================================== Usha Devi, aged about 45 years, Female Wife of Rajo @ Raju Chaudhary, Resident of Village- Kharidibigha, P.S. and District- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar Verma, Advocate For the Opposite Party/s :

Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 14-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offence under Sections 33, 34 and 36 of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, son of the informant died during course of treatment after consuming liquor.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He further submits that petitioner is not named in the FIR and there is no any recovery from the conscious possession of the petitioner. He next submits investigation has already been completed and chargesheet has already been submitted in this case. He lastly submits that during investigation no Test Identification Parade has been conducted till date. The petitioner has been made accused only on the basis of confessional statement of co-

Patna High Court CR. MISC. No.4455 of 2025(2) dt.14-02-2025 2/2 accused Manti Devi. Similarly situated co-accused persons have already been granted bail by this Court. Petitioner is a lady and she is in custody since 18.10.2024.

5. Learned APP appearing for the State, opposes the prayer for bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case and also the fact that similarly situated co-accused persons namely Ranjeet Kumar @ Ranjeet Prasad, Ajit Kumar @ Ajit Yadav @ Rajeev Yadav, Pramod Yadav and Bipin Kumar @ Kamlesh Kumar @ Bipin Yadav @ Kamlesh Yadav have already been granted bail by this Court in Cr. Misc. Nos. 10438 of 2024, 58701 of 2024, 60479 of 2024 and 11557 of 2024 vide orders dated 27.09.2024, 09.08.2024, 18.10.2024 and 19.04.2024 respectively, let the above named petitioner be directed to be released on bail in connection with Nawada (Town) P.S. Case No.385 of 2021 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge-1st, Nawada.

(Ramesh Chand Malviya, J) Anand Kr.

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