Pooja Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40280 of 2021 Arising Out of PS. Case No.-692 Year-2020 Thana- AHIYAPUR District- Muzaffarpur ====================================================== POOJA DEVI Wife of Sunil Kumar Mahto Resident of Village - Sahbajpur, P.S.- Ahiyapur, District - Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sheo Kumar Prasad, Advocate For the Opposite Party/s :

Dr. Mrityunjaya Kr.Gautam, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 11-03-2022 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under section 395 of the Indian Penal Code.

As per the prosecution case, six accused persons on three motorcycles on the point of pistol looted the informant of a total sum of Rs. 26,45,000/- in cash which he was carrying for the purpose of distributing the same to the workers. It is submitted by learned counsel for the petitioner that the FIR was registered against unknown. The name of the petitioner transpired in course of investigation in the confessional statement of co-accused Chintu Mahto. While the petitioner is a lady, from the FIR itself it would transpire that

Patna High Court CR. MISC. No.40280 of 2021(4) dt.11-03-2022 2/2 no allegations of any lady having participated in the occurrence has been alleged by the informant. Contrary to the allegations, no incriminating article has been recovered from the petitioner's possession or her house. She is in custody since 31.10.2020 and investigation in the case has concluded.

The application for bail is opposed by learned counsel for the State who submits that on search being conducted, from the house of the petitioner Rs. 14,000/- of the looted cash and 1 kg ganja was recovered.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the petitioner having remained in custody for 1 year 4 months and investigation in the case having concluded, the Court directs the petitioner to be enlarged on bail in connection with Ahiyapur P.S. Case no. 692 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Muzaffarpur. (Partha Sarthy, J) Prakash/- U