Rukmina Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27922 of 2020 Arising Out of PS. Case No.-98 Year-2020 Thana- SIDHWALIYA District- Gopalganj ====================================================== Rukmina Devi, W/O Sumesh Mahto, D/O Late Bechu Mahto Resident of Village - Bishunpura, P.S. - Shidhwalia, District - Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satyendra Rai, Advocate For the Opposite Party/s :

Mr. Anand Mohan Prasad Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 02-02-2021 As prayed for, let the learned counsel appearing for the petitioner remove the defect(s), as pointed out by the office, within four weeks of starting of the Court proceeding in physical mode.

Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends her arrest in connection with Sidhwalia P.S. Case No. 98 of 2020, registered under Section 30(a) of the Bihar Excise Act, 2016.

The accusation is that on receiving secret information about doing business of illicit liquor by Chandan Mahto and Rukmina Devi (petitioner) in Bishunpur Market and keeping the illicit liquor in the septic tank of Indrijit Mahto, the informant along with other police personnel reached near the

Patna High Court CR. MISC. No.27922 of 2020(2) dt.02-02-2021 2/3 septic tank of Indrijit Mahto at Bishunpur Market. On seeing the police party, one male and female started to flee away, while they were chased but succeeded to flee away. Thereafter, the villagers present there disclosed their names as Chandan Mahto and Rukmina Devi. On search, several bottles, in the volume of 227.340 litres, of Indian made foreign liquor recovered from the septic tank of Indrijit Mahto.

Learned counsel for the petitioner submits that it would appear from the FIR that recovery of several bottles of Indian made foreign liquor are said to be made from the septic tank of Indrijit Mahto but petitioner, who is lady has been implicated in the present case mere on suspicion because the petitioner is accused in similar nature of case, i.e., Sidhwalia P.S. Case No. 97 of 2020.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II-cum-Special Judge, Excise, Gopalganj, in connection with Sidhwalia P.S. Case No. 98 of 2020, subject to

Patna High Court CR. MISC. No.27922 of 2020(2) dt.02-02-2021 3/3 the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T