Manju Devi @ Amola Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6804 of 2025 Arising Out of PS. Case No.-252 Year-2017 Thana- GOVERNMENT OFFICIAL COMP. District- Samastipur ====================================================== Manju Devi @ Amola Devi W/O Late Laxmi Mahto R/O- Village- Angarghat, P.S-Angarghat, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashank Shekhar, Advocate For the Opposite Party/s :

Mr. Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 13-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Excise PS Case No. 252 of 2017 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 32 litres of mahua liquor was recovered from four containers.

4. It is submitted by learned counsel for the petitioner that the present one is the case of misuse of privilege of grant of regular bail by the learned Special Court, Samastipur. Learned counsel for the petitioner submits that petitioner never misused the privilege and ensured her presence of each and every date until 16.07.2024 when due to some miscommunication. The present case was left unattended on behalf of the petitioner

Patna High Court CR. MISC. No.6804 of 2025(2) dt.13-02-2025 2/3 leading to cancellation of her bail bonds. Learned counsel for the petitioner next submits that petitioner is illiterate lady and due to lack of proper communication she miserably failed to appear before the court below on the fixed date. Learned counsel further submits that petitioner is ready to undertake any condition if released on bail. The petitioner is in custody since 29.12.2024 and has got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S.

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, clean antecedent of the petitioner and 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 on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Excise PS Case No. 252 of 2017, subject to the following condition: (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

Patna High Court CR. MISC. No.6804 of 2025(2) dt.13-02-2025 3/3 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.

(Rudra Prakash Mishra, J) Raj Ranjan/- U T