Shobha Devi @ Shobhiya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.19655 of 2020 Arising Out of PS. Case No.-93 Year-2020 Thana- AKBARPUR District- Nawada ====================================================== SHOBHA DEVI @ SHOBHIYA DEVI W/o Siya Sharan Singh R/o VillageAsma, P.S.- Akbarpur, District- Nawada. ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr.Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 29-06-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner in the present case is seeking regular bail in connection with Akbarpur P.S. Case No. 93 of 2020 registered for the offences punishable under Sections 414, 467, 468 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act 2016.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. It is stated that the vehicle in question has been recovered from outside the house of the petitioner and not from the premises of the petitioner and the petitioner has no criminal antecedent.

Learned APP for the State is present and has opposed

Patna High Court CR. MISC. No.19655 of 2020(3) dt.29-06-2020 2/3 the prayer for regular bail of the petitioner. Having regard to the facts and circumstances of the case, it is the submission of the petitioner that the vehicle in question has been recovered from outside the house of the petitioner and not from the premises of the petitioner and the petitioner has remained in custody since 03.03.2020 as also there is no criminal antecedent of the petitioner, let the petitioner above named be released on bail on furnishing of bail bonds of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Session Judge-cum-Special Judge, Nawada in connection with Akbarpur P.S. Case No. 93 of 2020, subject to the conditions as laid down under Section 437(3) of the Cr.P.C. as under:

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, oft he commission of which he is suspected, and (c) that such person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from

Patna High Court CR. MISC. No.19655 of 2020(3) dt.29-06-2020 3/3 disclosing such facts to the Court or to any police officer or tamper with the evidence.

And further condition that he will abide by and observe the guidelines and directives of the Government of India and the State Government with regard to COVID-19 Pandemic during the lockdown period. The authorities concerned shall take appropriate steps to ensure such observance prior to and after release of the petitioner. This application is allowed.

(Rajeev Ranjan Prasad, J) SUSHMA2/Arvind U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.