Rekha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34343 of 2021 Arising Out of PS. Case No.-41 Year-2021 Thana- KHARIK District- Bhagalpur ====================================================== Rekha Devi Wife of Late Jitendra Prasad Yadav Resident of VillageGaneshpur, P.S.- Kharik, District- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rama Kant Sharma, Sr. Advocate For the Opposite Party/s :

Ms. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-12-2021 Heard Shri Rama Kant Sharma, learned senior counsel for the petitioner and learned A.P.P. for the State. The petitioner seeks regular bail in connection with Kharik P.S. Case No. 41 of 2021 instituted for the offences under Sections 30(a) and 38(i) of the Bihar Prohibition and Excise Act, 2016.

Learned senior counsel for the petitioner submits that the petitioner is in custody since 06.03.2021, charge-sheet has been submitted in the case, is a person with clean antecedent and the petitioner is a lady.

Learned senior counsel for the petitioner submits the allegation is of recovery of 255.285 litres of foreign liquor from the house of this petitioner. Learned senior counsel further submits that petitioner is a lady and she was not aware what was

Patna High Court CR. MISC. No.34343 of 2021(2) dt.01-12-2021 2/2 kept in the house.

Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody since 06.03.2021, charge-sheet has been submitted in the case, petitioner is a person with clean antecedent and being a lady is directed to be released on bail on furnishing bail bond of Rs. 5,000/- (Rupees Five Thousand only) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-II-cum-Special Judge (Excise Act), Bhagalpur in connection with Kharik P.S. Case No. 41 of 2021 subject to the condition as laid down under Section 437 (3) Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T