Usha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7769 of 2025 Arising Out of PS. Case No.-680 Year-2021 Thana- NAWADA District- Nawada ====================================================== Usha Devi Wife of Rajo @ Raju Chaudhary R/o 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. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 13-05-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2. The petitioner seeks bail in connection with Nawada P.S. Case No. 680 of 2021 instituted for the offences under Sections 33, 34, 36 of the Bihar Prohibition and Excise Act.

3. Prosecution case, in short, is that, a U.D. case was registered and during investigation, it was found that father of the informant died due to consumption of adulterated wine and later on FIR was registered.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of the petitioner transpired in this case on the basis of confessional statement of

Patna High Court CR. MISC. No.7769 of 2025(3) dt.13-05-2025 2/3 the co-accused Manti Devi in Nawada P.S. Case No. 602 of 2020 but the same has no evidentiary value in the eye of law. Learned counsel for the petitioner submitted that general and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. It has been submitted on behalf of the petitioner that the petitioner is in custody since 22.11.2024 and has twelve criminal antecedents. The co-accused person has already been granted bail by this Court vide order dated 27.02.2024 passed in Cr. Misc. No. 12267 of 2024.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, claim based on parity as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Nawada P.S. Case No. 680 of 2021, subject to the following conditions:

Patna High Court CR. MISC. No.7769 of 2025(3) dt.13-05-2025 3/3 (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(III) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Rudra Prakash Mishra, J) Alok Verma/- U T