Bedamiya Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49661 of 2024 Arising Out of PS. Case No.-32 Year-2024 Thana- KOTHI District- Gaya ====================================================== Bedamiya Devi, aged about 45 years, Female, Wife of Raja Ram Bharti, Resident of Village - Jhikatiya Salish, P.S. - Kothi, District - Gaya. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pramod Kumar Singh, Advocate For the Opposite Party/s :
Ms. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 22-07-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Kothi P.S. Case No. 32 of 2024 instituted for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.
3. As per the allegation in the FIR, total 60 liters of illicit liquor has been recovered from the house of the petitioner.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case. He further submits that nothing incriminating articles has been recovered from the conscious possession of the petitioner. He next submits that the
Patna High Court CR. MISC. No.49661 of 2024(2) dt.22-07-2024 2/3 seized articles has been recovered from the house of the petitioner but the said house is a joint family property. Petitioner has got clean antecedent as stated in para 3 of the petition and she is in custody since 12.05.2024.
5. Learned APP opposes the prayer for bail.
6. From perusal of the FIR, seizure list and the impugned order of the learned Exclusive Excise Court No. 3, Gaya dated 29.05.2024, it appears that the seized articles have been recovered from the house of the petitioner the house is a joint family property, petitioner is a lady and there is no any independent witness of the seizure list, accordingly the prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail after framing of charge on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Excise Court No. 3, Gaya in connection with Kothi P.S. Case No. 32 of 2024.
7. The trial Court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen days) from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the petitioner shall be released on
Patna High Court CR. MISC. No.49661 of 2024(2) dt.22-07-2024 3/3 bail on above conditions and he shall be present physically on each and every date before the Trial Court till conclusion of the proceeding of framing of charge.
(Ramesh Chand Malviya, J) Anand Kr.
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