Babita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52527 of 2021 Arising Out of PS. Case No.-199 Year-2021 Thana- SHASTRINAGAR District- Patna ====================================================== BABITA DEVI W/o KISHOR MANJHI R/o MOURYAPATH, MUSHAHARI, P.S.-SHASTRI NAGAR, DISTRICT- PATNA. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhoy Kumar Kashyap, Advocate For the Opposite Party/s :
Ms. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 21-01-2022 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State. Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. Petitioner, who is in custody since 02.06.2021, seeks regular bail in connection with Shastri Nagar P.S. Case No. 199 of 2021, Special Case No. 3359 of 2021 registered for offences punishable under Section 30(a)/30(c) of the Bihar Prohibition and Excise Act, 2016.
Prosecution case, in brief, is that upon secret information that some persons are involved in making and selling the illegal mahua liquor, police team reached and, from where 384 litres of mahua wine along with utensils for preparing wine was recovered and the F.I.R. named accused
Patna High Court CR. MISC. No.52527 of 2021(3) dt.21-01-2022 2/3 persons got apprehended.
Learned counsel appearing on behalf of the petitioner submits that from the seizure list itself appears that the recovery has been made from the house of one co-accused and the petitioner is not involved in manufacturing of liquor. He further submits that petitioner has clean antecedent and she is in custody since 02.06.2021 and another co-accused has already been enlarged on bail by this Court.
Learned A.P.P., has opposed the prayer for bail. Considering the facts and circumstances of the case as well as there is no allegation of tempering the evidence or influencing the witnesses and the fact that the trial is not going to be concluded in near future, the petitioner above named is directed to be enlarged on bail on furnishing bail bond of Rs. 1,00,000/- (Rupees One Lac) each with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna in connection with Shastri Nagar P.S. Case No. 199 of 2021 subject to the following conditions:
(i) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.
(ii) Petitioner shall co-operate in the trial and shall be
Patna High Court CR. MISC. No.52527 of 2021(3) dt.21-01-2022 3/3 properly represented on each and every date fixed by the Court. (iii) 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. (iv) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel her bail bond.
(Purnendu Singh, J) Niraj/- U T