Sita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19446 of 2022 Arising Out of PS. Case No.-12 Year-2022 Thana- GAURICHAK District- Patna ====================================================== SITA DEVI W/o Surendra Ray @ Badshah Resident of Village - Gaurichak, P.s.- Gaurichak, Distt.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 06-06-2022 Heard learned counsel for the petitioner and learned APP for the state.

The petitioner seeks regular bail in connection with Gaurichak P.S. Case No. 12 of 2022 dated 07.01.2022, registered for the offences punishable under Sections 30(a), 32(3) of the Bihar Prohibition and Excise Act and Section 20(b) (ii) (A) of the N.D.P.S. Act and Sections 307, 353, 337, 338, 504 of the Indian Penal Code.

As per prosecution report, allegation against the petitioner is that when informant raided the house of the co-accused Surendra Rai @ Badshah, petitioner began to abuse after seeing the police and asked them not to enter in the house. Petitioner is the wife of co-accused Surendra Rai @ Badshah. As per seizure list, 110 litres of country made Mahua

Patna High Court CR. MISC. No.19446 of 2022(2) dt.06-06-2022 2/3 wine was recovered from the house of accused Surendra Rai @ Badshah and 75 gms. of ganja was also recovered from the said house.

Learned counsel for the petitioner has submitted that petitioner is a lady and she is in custody since 08.01.2022 and she bears no criminal antecedent and she has been implicated just because she was in the house at the time of raiding. No overt act was made by the said petitioner.

The learned APP for the State opposes the prayer for bail of the petitioner.

Considering the fact that the petitioner is in custody since 08.01.2022, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna City, DistrictPatna, in connection with Gaurichak P.S. Case No. 12 of 2022, subject to following condition:

(i) one of the surety shall be either father or mother or sister or brother or wife or the person who sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates

Patna High Court CR. MISC. No.19446 of 2022(2) dt.06-06-2022 3/3 would be a ground for cancellation of bail by the learned trial court itself.

(Alok Kumar Pandey, J) Ranjeet/- U T