Indu Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32217 of 2020 Arising Out of PS. Case No.-126 Year-2020 Thana- PAHARPUR District- East Champaran ====================================================== INDU DEVI W/o Ramkishun Mahto Resident of Village- English Nauwadih Nuniya Toli, P.S.- Paharpur, District- East Champaran. ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 09-03-2021 As prayed for, let the learned counsel appearing for the petitioner remove the defect(s), as pointed out by the office vide its notes dated 27.11.2020, within four weeks of starting of Court proceeding in physical mode in normal course. Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends her arrest in connection with Paharpur P.S. Case no. 126 of 2020, registered under Section 30(a) of the Bihar Prohibition and Excise Act. The accusation is that in course of patrolling duty, the informant and other Police personnel received information about selling of illicit liquor by Ramkishun Mahto in villageEnglish Nauwadih Nuniya Toli, the informant along with other Police personnel reached there. On seeing the Police party,

Patna High Court CR. MISC. No.32217 of 2020(2) dt.09-03-2021 2/2 Ramkishun Mahto and his wife Indu Devi (Petitioner) started fleeing, while they were chased, but they succeeded to flee away. On search of grocery shop of Ramkishun Mahto, 20 pieces in volume of two litres country made liquor recovered. Learned counsel for the petitioner submits that, in fact, petitioner is wife of co-accused Ramkishun Mahto due to that reasons, the petitioner has also been implicated in this case. Further submission is that Ramkishun Mahto, husband of petitioner, who has surrendered before the trial court, has already been allowed regular bail on 25.06.2020. The petitioner is a lady and she has no criminal antecedent.

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 four 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 learned Special Judge, Excise Act, East Champaran, Motihari in connection with Paharpur P.S. Case No. 126 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T