Sanju Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18015 of 2022 Arising Out of PS. Case No.-265 Year-2021 Thana- JANDAHA District- Vaishali ====================================================== Sanju Devi, wife of Umesh Rai Resident of Village - Mahipur, P.S. - Jandaha, District - Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Shahabuddin Azeem @ S. Azeem, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 15-07-2022 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. Let the defect (s), as pointed out by the office, be removed within a period of four weeks from the date of resumption of physical filing and physical removal of defect. In the present case, the petitioner seeks bail in connection with Jandaha P.S. Case No.265 of 2021 registered for the alleged offences under Sections 272, 273 of the Indian Penal Code and Section 30 (a) Bihar Prohibition & Excise Act, 2016.

The prosecution case is that the house of the petitioner was raided on secret information that the petitioner and her husband were involved in illicit trade of liquor and in the raid, 50 liters of country made liquor was recovered. The

Patna High Court CR. MISC. No.18015 of 2022(2) dt.15-07-2022 2/3 petitioner and her husband were apprehended from the spot. Learned counsel for the petitioner submits that the petitioner is innocent and nothing has been recovered from her conscious possession. The petitioner and her husband were made accused in this case at the instance of one Chintu Singh with whom they are on inimical terms. No independent witness has supported the prosecution case and the seizure list witnesses are all officials. The charge sheet has been submitted in this case and the petitioner is in custody since 17.11.2021 and is having clean antecedent.

Learned APP opposes the prayer for bail.

Having regard to the submissions made hereinabove and considering the fact that the charge sheet has been submitted and the petitioner, who is a lady, is in custody since 17.11.2021, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No. 1, Vaishali, Hajipur, in connection with Jandaha P.S. Case No.265 of 2021, subject to the following conditions : (i) One bailor will be a close relative of the petitioner and another bailor will be the

Patna High Court CR. MISC. No.18015 of 2022(2) dt.15-07-2022 3/3 deponent, who has shown the affidavit (ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence for three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) V.K.Pandey/- U T