Ramiya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61199 of 2022 Arising Out of PS. Case No.-218 Year-2022 Thana- KHANPURA District- Samastipur ====================================================== Ramiya Devi Wife Of Ramjee Paswan R/O Village- Barahgama, P.S.- Khanpur, Distt.- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Raja Ram Mishra, Advocate For the State :

Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 02-12-2022 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 Khanpur P.S. Case No.218 of 2022 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. The accused/petitioner is named in the F.I.R. and is in custody since 26.08.2022.

The allegation against the petitioner is to be in illegal

Patna High Court CR. MISC. No.61199 of 2022(2) dt.02-12-2022 2/3 possession of illicit liquor, where, there was recovery of 565.41 litres of illicit IMFL/country made liquor.

Learned counsel appearing on behalf of the petitioner submitted that alleged recovery of illicit liquor was made from the house of grandson of the petitioner, namely, Gurudev Paswan and admittedly, there is no recovery of liquor from the possession of this petitioner. It is submitted that compliance of Section 100(4) of the Cr.P.C. was not made in the present case, as regard to the search of the premises. While concluding the argument, it is submitted that petitioner is a lady of clean antecedent and moreover, 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. 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 of clean antecedent coupled with the fact that chargesheet has been submitted, let above named petitioner directed to be released on bail in connection with Khanpur P.S. Case No.218 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 High Court CR. MISC. No.61199 of 2022(2) dt.02-12-2022 3/3 Court No.1, Samastipur/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