Sarita Devi @ Parihar Wali @ Pariwar Wali @ Sita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40355 of 2021 Arising Out of PS. Case No.-43 Year-2021 Thana- BELA District- Sitamarhi ====================================================== SARITA DEVI @ PARIHAR WALI @ PARIWAR WALI @ SITA DEVI W/o Harish Chandra Chaudhary R/o Village- Lahuriya, Ward No.-4, P.S.- Bela, District- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Alok For the Opposite Party/s :

Mr. Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 07-01-2022 Heard the parties through video conferencing. Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.

Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. The petitioner, who is in custody since 17.04.2021, seeks regular bail in connection Bela P.S. Case No. 43 of 2021 for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in brief, is that altogether 66 litres Nepali wine was recovered by the police party. Learned counsel appearing on behalf of the petitioner submits that the petitioner has falsely been implicated in this case due to dirty village politics. He further submits that nothing

Patna High Court CR. MISC. No.40355 of 2021(2) dt.07-01-2022 2/3 has been recovered from the possession of the petitioner. Learned A.P.P. for the State has opposed the prayer for bail. He further submits that the trade of illicit liquor is rampant in the State of Bihar and the petitioner is one of the members of such organized trade and as such she does not deserve to be released on bail.

Considering the aforesaid facts and circumstances of the case, the petitioner, above named, be released on bail on furnishing bail bond of Rs. 2,00,000/- (Rs. Two Lakh) with two sureties of the like amount each to the satisfaction of the learned Addl. District & Sessions Judge-II-cum-Special Judge, Excise Act, Sitamarhi in connection with Bela P.S. Case No. 43 of 2021 subject to the following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court.

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

(4) If the petitioner is found involved in similar nature

Patna High Court CR. MISC. No.40355 of 2021(2) dt.07-01-2022 3/3 of offence, after his release on bail, the trial Court shall take steps to cancel his bail bonds.

(Purnendu Singh, J) manish/- U T