Rita Devi @ Bhibha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33357 of 2021 Arising Out of PS. Case No.-31 Year-2021 Thana- NAWADA MUFFASIL District- Nawada ====================================================== RITA DEVI @ BHIBHA DEVI W/O SANJAY KUMAR SINGH @ UDAY SHANKAR KUMAR R/O VILLAGE-DEVAN BIGHA, P.S.-KASHICHAK, DISTRICT-NAWADA, AT PRESENT MOHALLA-ATAUA ROAD KENDUA, P.S.-MUFASIL, DISTRICT-NAWADA.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Birendra Kumar For the Opposite Party/s :

Mr. Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-09-2021 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 30 (a), 37(c),41 of the Bihar Prohibition & Excise Act and u/s 3,4,5 of Immoral Traffic (Prevention) Act.

As per the prosecution case, on secret information a raid was conducted and this petitioner along with five other accused persons were found in suspicious condition. Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. It is submitted that petitioner is resident of Devanbigha village and she had gone to Kendua to meet her relative, Ramanand Singh, who happens to be landlord of alleged building but in the meantime she was arrested by the police. No liquor has been recovered from the possession of the petitioner rather recovery is made from the building. Petitioner, who is a lady, is in custody since 29.01.2021 and investigation in this

Patna High Court CR. MISC. No.33357 of 2021(2) dt.02-09-2021 2/2 case is complete.

Learned counsel appearing for the State opposes the prayer for bail.

Considering the facts of the case and the period of custody of the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-II-cum- Special Judge, Excise Act, Nawada in connection with Muffasil PS case No. 31/2021 on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/ her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) BKS/- U T