Vinita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8268 of 2021 Arising Out of PS. Case No.-128 Year-2020 Thana- SURYAGARHA District- Lakhisarai ====================================================== VINITA DEVI W/o Pradeep Ram R/o village- Nista, P.S.- Suryagadha, District- Lakhisarai ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Raj Kishore Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-02-2022 Due to the third wave of COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding. The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

Learned Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy. The petitioner is apprehending her arrest in connection with Suryagadha P.S. case No.128 of 2020 registered under Section 7 of Essential Commodities Act. Allegation is that 11 quintals of rice meant for public distribution was found on the tempo of the petitioner.

Patna High Court CR. MISC. No.8268 of 2021(2) dt.01-02-2022 2/3 It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner is alleged to be the owner of the tempo. On the said tempo, 11 quintals of rice was found. It is alleged that the said rice in question was for public distribution. The tempo in question is run as public carrier. The petitioner had no knowledge regarding the nature of goods kept in the tempo. The petitioner is a lady.

On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R. It is necessary to indicate here that this Court while considering the prayer made in the present anticipatory bail application has taken note of the exponential rise in number of covid cases due to outbreak of third wave of Covid-19 pandemic. Further this Court can also not lose sight of the fact that the condition of jails is not conducive and suitable to the present situation which has arisen due to the sudden rise in covid cases.

Considering the facts and circumstances, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks

Patna High Court CR. MISC. No.8268 of 2021(2) dt.01-02-2022 3/3 from today, be released on anticipatory bail on her personal bond to the satisfaction of learned S.D.J.M., Lakhisarai in connection with Suryagadha P.S. case No.128 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Narendra/- U T