Sangita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30674 of 2024 Arising Out of PS. Case No.-351 Year-2017 Thana- RAMPUR District- Gaya ====================================================== Sangita Devi, Aged about 35 years (Female), Wife of Late Rajendra Chaudhary, R/o Mohalla- Gewal Bigha P.S.- Rampur, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Singh, Advocate For the Opposite Party/s :

Mr.Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 22-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Rampur P.S. Case No.351 of 2017 instituted for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 04 liters of illicit country made liquor has been recovered from Baramda of house of the petitioner.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. She has falsely been implicated in this case due to high handedness of police. She has no concern with the alleged recovery. Nothing incriminating article has been recovered from her conscious possession. A statement has been made in para 3 of the petition

Patna High Court CR. MISC. No.30674 of 2024(2) dt.22-04-2024 2/2 that petitioner has no criminal antecedent. Petitioner is a lady and she is languishing in judicial custody since 19.03.2024.

5. Learned APP for the State has vehemently opposed the prayer for bail.

6. Considering the facts and circumstances of the case and submissions made on behalf of the petitioner as well as period of custody of the petitioner, let the above named petitioner be released on bail after framing of charge on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No.01, Gaya in connection with Rampur P.S. Case No.351 of 2017.

7. The trial Court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen) days from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the petitioner shall be released on bail on above conditions and he shall be present physically on each and every date before the Trial Court till conclusion of the proceeding of framing of charge.

(Ramesh Chand Malviya, J) lata/- U T