Arti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16134 of 2022 Arising Out of PS. Case No.-122 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Nawada ====================================================== Arti Devi W/o Late Sunil Chaudhary R/o village- Par Rajauli, P.S.- Rajauli, District- Nawada ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Ram Naresh Ray, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 06-07-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Let the defects, as pointed out by the office, be removed within a period of four weeks from today. Petitioner seeks bail in a case registered for the offences punishable under Sections 30(a) and 30(c) of the Bihar Prohibition and Excise Act, 2016.

Recovery is of total 14 liters of country made liquor and 300 Kg. Java Mahua liquid buried under the earth were recovered from the hut.

Learned counsel for the petitioner submits that petitioner has clean antecedent and she has falsely been implicated in the present case only on the basis of suspicion. He

Patna High Court CR. MISC. No.16134 of 2022(2) dt.06-07-2022 2/3 further submits that it appears from the F.I.R. as well as seizure list that nothing has been recovered from the conscious possession of the petitioner or the house of the petitioner rather the recovery has been made from one hut i.e. out side of the house of the petitioner. He further submits that the police after investigation submitted the charge sheet against the petitioner. The petitioner is in custody since 08.02.2022. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with G.O. Case No. 122 of 2022, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on her absence on two consecutive dates without sufficient reason, her bail bond shall be cancelled by the Court below.

2. If the petitioner tampers with the

Patna High Court CR. MISC. No.16134 of 2022(2) dt.06-07-2022 3/3 evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed her criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) mdrashid/- U T