Sabita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71416 of 2024 Arising Out of PS. Case No.-64 Year-2024 Thana- DARPA District- East Champaran ====================================================== Sabita Devi W/O Dilip Mahto R/O Tinkoni, P.S- Darpa, Distt.- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Patanjali Rishi For the Opposite Party/s :
Mr.Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 29-11-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Darpa P.S. Case No. 64 of 2024 dated 30.04.2024 registered for the offences punishable u/ss 412, 413 and 414 read with section 34 of the Indian Penal Code and Sections 25 (1-B)(a)/26 and 35 of the Arms Act.
3. As per the prosecution case, Rs. 75,000/- Nepali currency, one gold ring, one Splender motorcycle, one country made pistol and two live cartridges were recovered from the house of the co-accused, Mantu Jaiswal who was apprehended from the house of the co-accused, Dilip Kumar and he disclosed that he along with the petitioner, Bhulan Mahto and the co-
Patna High Court CR. MISC. No.71416 of 2024(3) dt.29-11-2024 2/3 accused, Guddu Kumar, Arjun Paswan, Raj Kumar, and Dilip Mahto looted Nepali currency from Nobil Bank.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is a lady and her name has transpired in this case merely on the basis of being a wife of the co-accused Dilip Mahto. It is further submitted that the said country made pistol and two live cartridges have not been recovered from the conscious possession of the petitioner. The petitioner is not involved in loot of the said Bank and she has no concern with the said recovered amount from the house of the co-accused persons. Similar situated co-accused person has already been granted bail by this Court vide order dated 24.09.2024 passed in Cr. Misc. No. 63123 of 2024. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 01.05.2024.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case and the nature of allegation levelled against the petitioner as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond
Patna High Court CR. MISC. No.71416 of 2024(3) dt.29-11-2024 3/3 of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, East Champaran in connection with Darpa P.S. Case No. 64 of 2024.
7. The application stands allowed.
(Chandra Prakash Singh, J) Jyoti/- U T