Usha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18786 of 2025 Arising Out of PS. Case No.-378 Year-2021 Thana- NAWADA District- Nawada ====================================================== Usha Devi W/O Naresh Chaudhary Resident of village- Kharidibigha, P.s. and District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Verma, Adv.

For the Opposite Party/s :

Mr.Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 01-05-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Nawada P.S. Case No. 378 of 2021 dated 02.04.2021. registered for the offences punishable under Sections 33, 34 and 36 of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, Gopal Kumar died due to consumption of spurious liquor which was purchased from some unknown persons.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the F.I.R. The name of

Patna High Court CR. MISC. No.18786 of 2025(3) dt.01-05-2025 2/3 the petitioner has sprung up in the confessional statement of the co-accused, Vidhan Kumar. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged offence. The co-accused person has already been granted regular bail by this court vide order dated 01.08.2024 passed in Cr. Misc. No. 54635 of 2024. The petitioner is accused in 13 other criminal cases which are related to similar nature of offence as stated in para 3 of the bail petition. The petitioner is a lady and she is in custody since 18.11.2024 remanded from Nawada P.S. Case No. 385/2021.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Nawada in connection with Nawada P.S. Case No. 378 of 2021 with the conditions :- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

Patna High Court CR. MISC. No.18786 of 2025(3) dt.01-05-2025 3/3 (ii) If the petitioner is found involved in similar nature of offence in future, the prosecution will be at liberty to move for cancellation of his bail bonds.

The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T