Sudha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 45327 of 2022 Arising Out of PS. Case No.-173 Year-2022 Thana- JAYNAGAR District- Madhubani ====================================================== Sudha Devi, Wife of Pramod Sonar @ Pramod Sah, R/o Village- Dullipatti, P.S- Jaynagar, Dist- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 30-09-2022 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceeding. Let the defect (s), as pointed out by the office, be removed within a period of four weeks.

In the present case, the petitioner seeks bail in connection with Jaynagar P.S. Case No. 173 of 2022 registered for the alleged offences under Sections 30(a) of Bihar Excise (Prohibition) Amendment Act, 2016.

As per prosecution case, allegedly recovery of approx 58 litres of Nepali liquor was made from the house of the petitioner who is stated to be involved in the storage and sale of illicit liquor.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this

Patna High Court CR. MISC. No. 45327 of 2022(2) dt.30-09-2022 2/3 case. The petitioner is a lady and nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner is having clean antecedent and she is in custody since 08.06.2022 and charge-sheet has been submitted. Learned APP for the State opposes the prayer for bail of the petitioner.

Having regard to the facts and circumstances and submission made on behalf of the parties and considering the clean antecedent of the petitioner along with the submission of charge sheet and her period of custody, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Additional sessions Judge-II-cum-Special Judge, Excise, Madhubani in connection with Jaynagar P.S. Case No. 173 of 2022, subject to the conditions mentioned in Section 437(3) of the Code of Criminal Procedure and also the following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

Patna High Court CR. MISC. No. 45327 of 2022(2) dt.30-09-2022 3/3 (iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Rajnish/- U T