Smt. Vidya Devi @ Vidha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62571 of 2022 Arising Out of PS. Case No.-437 Year-2022 Thana- MALSALAMI District- Patna ====================================================== Smt. Vidya Devi @ Vidha Devi Wife of Lallan Rai Resident of Bundel Toli, Pani Tanki, P.S.- Malsalami, District - Patna, Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Umesh Kumar, Advocate For the State :

Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 02-12-2022 At the outset, learned counsel for the petitioner submitted that in paragraph no.1, at page no.2 of the bail petition, inadvertently, Section 35 of Arms Act and Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2018, has been wrongly omitted.

Accordingly, learned counsel for the petitioner is permitted to make necessary correction during the course of the day itself.

Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State through virtual Court proceedings.

The petitioner seeks bail in connection with Malsalami

Patna High Court CR. MISC. No.62571 of 2022(2) dt.02-12-2022 2/3 P.S. Case No.437 of 2022 registered for the offence under Sections 25(1-b)a, 26 and 35 of Arms Act and Section 30(a) of the Bihar Prohibition and Excise(Amendment) Act, 2018. The accused/petitioner is named in the F.I.R. and is in custody since 10.08.2022.

The allegation against the petitioner is to be having in possession of fire arms as 3 pistol, 1 katta and 27 live cartridges alongwith 400 ml of illicit liquor.

Learned counsel appearing on behalf of the petitioner submitted that thrust of allegation is available against the husband of this petitioner, as he succeed to ran away, petitioner was arrested and implicated in this case, who is otherwise innocent. It is submitted that recovery of alleged fire arms and liquor was made from the house, which is accessible by other family members and, as such, it cannot be said that recovery of alleged fire arms and liquor was recovered from the conscious physical possession of this petitioner. It is submitted that petitioner is a lady of clean antecedent and suffering from different ailments including brain tumor. While concluding the argument, it is submitted that investigation of this case has been completed, for which, charge-sheet has already been submitted, as such, there is no chance of tampering with the evidence.

Patna High Court CR. MISC. No.62571 of 2022(2) dt.02-12-2022 3/3 Learned APP appearing on behalf of the State, opposes the prayer for bail.

In view of the facts and circumstances as mentioned above as petitioner is a lady coupled with the fact that chargesheet has been submitted, let above named petitioner directed to be released on bail in connection with Malsalami P.S. Case No.437 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna City, Patna/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) S.Tripathi/- U T