Ragini Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60993 of 2024 Arising Out of PS. Case No.-34 Year-2024 Thana- DHANGAI District- Gaya ====================================================== Ragini Devi Wife of Bhola Mandal Resident of village -Imaliatand, PSDhangai, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Yogesh Kumar, Adv.

For the Opposite Party/s :

Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 11-09-2024 Heard the parties.

2. The petitioner is apprehending her arrest in connection with Dhangai P.S. Case No. 34 of 2024 for the offence under sections 30(a) of the Bihar Prohibition and Excise Act, 2016 lodged on 06.04.2024 by the informant, Deonarayan Pandey.

3. As per the prosecution story, the police upon secret information that one Bhola Mandal and his wife are engaged in the business of liquor, raided the place, the lady managed to escape, she was named by this petitioner and there was recovery of 15 litres of country made liquor from the house. Accordingly, the FIR.

4. Learned counsel for the petitioner submits that it is a joint house having access to all, nothing has been recovered

Patna High Court CR. MISC. No.60993 of 2024(2) dt.11-09-2024 2/3 from the concerned person, she has no criminal antecedent.

5. Learned APP opposes the prayer submitting that the liquor has been recovered from her house.

6. Considering the aforesaid fact as also she is a lady having no criminal antecedent and nothing has been recovered from her conscious possession, this Court is inclined to extend her the privilege of anticipatory bail.

7. Let the petitioner, above named, be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Exclusive Excise Judge no. 03, Gaya in connection with aforesaid PS Case, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as well as the following conditions:- (i) one of the bailors should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of her bail bond by the Trial Court itself;

Patna High Court CR. MISC. No.60993 of 2024(2) dt.11-09-2024 3/3 (iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of her bail bonds. (Rajiv Roy, J) perwez U T