Sonawati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25447 of 2022 Arising Out of PS. Case No.-59 Year-2022 Thana- MAJORGANJ District- Sitamarhi ====================================================== Sonawati Devi, Wife of Ramji Sah, Resident of village - Dumri Khurd, P.S.- Majorganj, District - Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Ranjan, Advocate For the Opposite Party/s :

Mrs. Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 28-07-2022 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, within a period of four weeks from today.

Heard Mr. Ravi Ranjan, learned counsel appearing on behalf of the petitioner and the learned APP for the State. The petitioner seeks regular bail, who is in custody in connection with Majorganj P.S. Case No. 59 of 2022 registered for the offences punishable under Sections 272, 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per prosecution case, it is alleged that the police on a secret information, raided the house of the petitioner and on search being made 65.400 litres of Nepali Saufi liquor was seized.

Patna High Court CR. MISC. No.25447 of 2022(2) dt.28-07-2022 2/3 It is submitted by the learned counsel appearing on behalf of the petitioner that the alleged house from where the recovery has been made is a joint family house where several family members are residing and the petitioner cannot be held to be sole responsible. It is next submitted that the petitioner is a lady and is in custody since 14.03.2022 having no criminal antecedent and moreover the investigation of the crime is already completed and charge-sheet has been submitted. On the other hand, learned APP for the State opposes the bail application.

Having considered the submissions made on behalf of the parties and taking into consideration the fact that the petitioner is a lady and is in custody since 14.03.2022 having fair antecedent and moreover the investigation of the crime is already completed and charge-sheet has been submitted, let the petitioner, named above, be released on bail on furnishing bail bonds of Rs.20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.1, Sitamarhi in connection with Majorganj P.S. Case No. 59 of 2022, subject to the condition that one of the bailors will be the close relative of the petitioner with further conditions which are as follows:-

Patna High Court CR. MISC. No.25447 of 2022(2) dt.28-07-2022 3/3 (i) The petitioner will cooperate in conclusion of the trial.

(ii) She will remain present on each and every date of trial till disposal of the case.

(iii) She will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial. (iv) In the event of default of two consecutive dates without any cogent reason, her bail bonds will liable to be cancelled.

(Harish Kumar, J) uday/- U T