Usha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44638 of 2021 Arising Out of PS. Case No.-412 Year-2019 Thana- AKBARPUR District- Nawada ====================================================== Usha Devi W/o Ram Awtar Manjhi, D/o Firangi Manjhi R/o village- Derma, P.S.- Akbarpur, District- Nawada ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr.Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 11-01-2022 Heard the parties through the video conferencing. Heard learned counsel appearing on behalf of the petitioner and the learned APP for the State. Petitioner who is in custody since 15.4.2021 seeks regular bail in connection with Akbarpur P.S. Case No. 412 of 2019 registered for the offence punishable under section 30(a) of Bihar Prohibition and Excise Act, 2016.

Prosecution case in brief is that altogether 100 liters of liquid mahua was recovered from the house of the petitioner. Learned counsel for the petitioner submits that as per customary and for feeding of cattle, Mahua and Gur were recovered and from the FIR itself appears that no intoxicating liquor was recovered from the place of occurrence. It has further

Patna High Court CR. MISC. No.44638 of 2021(2) dt.11-01-2022 2/3 been submitted that the petitioner was not involved in this case and due to local village politics and she being the lady is the sole person to look after her family and she is being the Bars for no reason from 15.4.2021.

Learned counsel appearing on behalf of the State has opposed the prayer for grant of bail to the petitioner. Considering the above mentioned facts and circumstances, let the petitioner, named above, be enlarged on bail on furnishing bail bond of Rs. 100,000/- (One lakh) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-II cum Special Judge, Nawada, in connection with Akbarpur P.S. Case No. 412 of 2019 subject to the following condition:-

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

(2) Petitioner shall cooperate 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.44638 of 2021(2) dt.11-01-2022 3/3 of offence, after his release on bail, the trial Court shall take steps to cancel his bail bonds.

(Purnendu Singh, J) Ravi/- U T