Anita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69948 of 2024 Arising Out of PS. Case No.-752 Year-2024 Thana- ALAMGANJ District- Patna ====================================================== Anita Devi Ram Sinhasan Sharma @ Ram Singhasan Sharma Vill. Gosai Ghat, P.S. Alamganj, Dist. Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rudra Deo, Adv.

For the Opposite Party/s :

Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 05-10-2024 Heard Mr. Rudra Deo, learned counsel for the petitioner and Mr. Bharat Bhushan, learned APP for the State.

2. The petitioner is in custody in connection with Alamganj P.S. Case No. 752 of 2024 for the offence punishable under sections 30(a) of Bihar Prohibition and Excise (Amendment) Act 2022 lodged on 28.08.2024 by the informant, Pratima Pratham.

3. As per the prosecution story, the informant alleged that upon secret information, the place was raided, 60 litre Mahua recovered/seized. Accordingly, the FIR.

4. Learned counsel for the petitioner submits that only because she has criminal antecedent, arrested. Admittedly, the recovery is from outside the house, she is in custody since 29.08.2024.

5. Learned APP opposes the prayer for bail.

6. Considering the aforesaid facts as also that she is a lady and has remained in custody since 29.08.2024, this Court is inclined to extend her the privilege of bail with conditions.

7. Let the petitioner be released on bail on furnishing bail

Patna High Court CR. MISC. No.69948 of 2024(2) dt.05-10-2024 2/2 bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Special Judge Excise Patna city, Patna in connection with Alamganj P.S. Case No. 752 of 2024 subject to the following conditions:

(i) one of the bailor 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 his bail bond by the Trial Court itself;

(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;

(iv) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Vijay Singh/- U T