Reeta Pasi @ Reeta Devi v. The State Of Bihar

Patna High Court Cr.Misc. No.6348 of 2017 (23) dt.18-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6348 of 2017 Arising Out of PS.Case No. -347 Year- 2016 Thana -GOPALGANJ TOWN District- GOPALGANJ ====================================================== Reeta Pasi @ Reeta Devi, W/o- Late Nandji Choudhary @ Nandi Pasi @ Late Nandji Pasi, Resident of Village- Khajurbani Ward No. 25, P.S.- Gopalganj, District- Gopalganj.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Pandey For the Opposite Party/s : Mr. Sri Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 18-03-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner seeks bail in connection with Gopalganj Town P.S. Case No. 347 of 2016 registered for the offences punishable under Sections 272, 273 of the Indian Penal Code and Section 57 of Bihar Excise Amendment Act, 2016.

Allegedly, some persons after drinking spurious alcohol were hospitalized and one of the hospitalized person named the petitioner and others who were indulged in making and selling of illicit liquor and in pursuance thereof the Police party raided the house of Lal Babu Pasi and other co-accused and from the house of the petitioner's son 30 liters of illicit Mahua liquor mixed with jaggery and Naushadar was recovered.

Submission is of false implication and that the petitioner is

Patna High Court Cr.Misc. No.6348 of 2017 (23) dt.18-03-2017 an old lady and she is in custody since 19.09.2016. Co-accused Chhathu Chaudhary has already been allowed bail vide Cr. Misc. No. 6386 of 2016 by another co-ordinate Bench of this Court, chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence, nothing has been recovered from conscious possession of the petitioner and as such the petitioner deserves sympathetic consideration. Learned APP opposes the prayer of bail.

In the facts and circumstances stated above, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj in connection with Gopalganj Town P.S. Case No. 347 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on her part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T