Manju Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14341 of 2022 Arising Out of PS. Case No.-395 Year-2021 Thana- ALAMGANJ District- Patna ====================================================== Manju Devi Wife Of Sanjay Choudhary R/O Village- Kedar Nath Math, Loharba Ghat, P.S.- Alamganj, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binay Kumar Singh, Advocate For the Opposite Party/s :

Mr. Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE A. M. BADAR ORAL ORDER 28-04-2022 The applicant is accused in Special Case Excise No.4137 of 2021, arising out of Crime No. 395 of 2021 registered with Alamganj Police Station for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act. By this application she is seeking her release on bail during pendency of the trial.

Heard the learned counsel appearing for the applicant/accused as well as learned Additional Public Prosecutor appearing for the State.

According to the prosecution case, police received information that co-accused Sanjay Choudhary has brought liquor and kept it at the Scooty vehicle in front of his house. When police raided the spot, two persons ran away from the spot. 100 liters Mahua liquor was found at that place. That is

Patna High Court CR. MISC. No.14341 of 2022(2) dt.28-04-2022 2/3 how the crime in question was registered. Subsequently, the applicant was arrested.

It is reported that now the charge has been framed but the trial is not likely to be concluded in near future. The applicant is behind bar from 18.08.2021.

It is reported that the applicant is having three antecedents but she is a woman and the antecedent can be taken care of by imposing stringent condition. Therefore, the order :- i. The application is allowed.

ii. The applicant/accused in Special Case Excise No.4137 of 2021, arising out of Crime No. 395 of 2021 registered with Alamganj Police Station be released on bail on executing P.R. bond of Rs.10,000/- (Rupees Ten Thousand) on furnishing surety of the like amount to the satisfaction of the trial court with the following conditions: - (I) The applicant/accused should not extend any threat, promise of inducement to the persons acquainted with the facts of the accusation against him so as to dissuade him from disclosing such facts to the Court or to any police officer. (II) The applicant/accused should cooperate the trial court in expeditious disposal of the trial against her.

Patna High Court CR. MISC. No.14341 of 2022(2) dt.28-04-2022 3/3 (III) The applicant/accused should not contact the members of the prosecuting party as well as witnesses in this case in any manner till conclusion of the trial. (IV) The applicant should not repeat commission of similar offence in future and if she is found to be involved in commission of similar offence, the State is at liberty to apply for cancellation of bail granted to the applicant in the instant case.

The applicant to remove all office objections forthwith and the Registry to issue the certified copy of this order only after removal of office objections by the applicant/accused.

(A. M. Badar, J) Mkr./- U T