Bachiya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 50291 of 2022 Arising Out of PS. Case No.-284 Year-2022 Thana- WAJIRGANJ District- Gaya ====================================================== Bachiya Devi Wife Of Rambali Paswan@ Bali Paswan R/O Village- Naudiha Khurd, P.S.- Wazirganj, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kamal Kumar Sinha, Adv.

For the Opposite Party/s :

Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 14-10-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Wazirganj P.S. Case No. 284 of 2022 lodged under Sections 30(a), 30(b) and 45 of the Bihar Prohibition and Excise Act, 2018.

As per the prosecution case, total liters desi mahua wine was alleged to be recovered from the house of the petitioner.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further submits that petitioner is in custody since 21.06.2022 having clean antecedent. He further submits that for the said offence, the entire family members were made accused in this case. Charge sheet has already been filed in this case. Learned counsel for the State opposes the prayer for bail.

Patna High Court CR. MISC. No. 50291 of 2022(2) dt.14-10-2022 2/2 In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. 1, Gaya in connection with Wazirganj P.S. Case No. 284 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:

A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of his bail bond.

B. One of the bailors shall be close relative who shall file affidavit before the court about his relationship with the petitioner.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ashishsingh/- U T