Bebi Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63238 of 2022 Arising Out of PS. Case No.-225 Year-2022 Thana- NOKHA District- Rohtas ====================================================== Bebi Devi, Wife of Ram Aadhar Chaudhary @ Ramdhar Chaudhari, Resident of Village - Tanwa, P.S.- Darihat, District - Rohtas. At present Mohalla - Chamar Toli, Ward no.- 11, P.S.- Nokha, District - Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 13-01-2023 Today being Friday, matters are being taken up through virtual mode as per current procedure for hearing. Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Nokha P.S. Case No.225 of 2022 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act. 25 litres country made liquor has been recovered from the hutment. It is alleged that the petitioner was indulging in sale of liquor.

Learned counsel for the petitioner submits that the petitioner was discharging her routine job as a Sweeper in the locality and when the recovery was made, she has been made an

Patna High Court CR. MISC. No.63238 of 2022(2) dt.13-01-2023 2/3 accused because earlier she had been made accused in cases under the Bihar Prohibition and Excise Act. There is no compliance with Section 100 Cr.P.C. She is in custody since 26.06.2022.

Learned APP for the State has opposed the prayer for bail.

Considering the rival submissions, manner of recovery, nature of allegation and the fact that investigation is complete, this Court for the purposes of grant of bail is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail of the petitioner is allowed. Accordingly, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No.2 cum Additional Sessions Judge, Rohtas at Sasaram, in connection with Nokha P.S. Case No.225 of 2022, subject to the following conditions:

(i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the court

Patna High Court CR. MISC. No.63238 of 2022(2) dt.13-01-2023 3/3 if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if she fails to do so on two consecutive dates, her bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) PNM U T