Ramkali Devi @ Ramkaliya Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 82989 of 2023 Arising Out of PS. Case No.-295 Year-2019 Thana- BAHADURPUR District- Patna ====================================================== RAMKALI DEVI @ RAMKALIYA DEVI WIFE OF LATE RAJU MANJHI R/O MOHALLA- BAHADURPUR MUSAHARI, P.S.- BAHADURPUR, DIST.- PATNA ... ... Petitioner/s
Versus
THE STATE OF BIHAR PATNA ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Binay Kumar Singh For the Opposite Party/s :
Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-03-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Bhadurpur P.S. Case No. 295 of 2019 registered on 27.10.2019 lodged under Sections 272/273 of I.P.C.
3. As per the prosecution case, F.I.R. has been lodged against three named accused persons including the petitioner against whom there is an allegation of recovery of 150 litre of illicit liquor.
4. Counsel further submits that petitioner is innocent and has committed no offence. He further submits that petitioner is in custody since 12.09.2023 having eight criminal case pending against him, in which he is on bail in five case and in
Patna High Court CR. MISC. No. 82989 of 2023(3) dt.07-03-2024 2/3 rest he is persuading for bail. Counsel for the petitioner submits that the said recovery as per the seizure list has been made from the public toilet near Bahadurpur Mushari. Counsel further submits that the petitioner's name has been figured in this case only and only due to the reason that antecedents of the petitioner is not clean.
5. Learned counsel for the State opposes the prayer for bail and submits that at the time of granting bail, antecedents of the petitioner must be taken into consideration.
6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail after framing of charge and on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Court of Excise, Patna city in connection with Bhadurpur P.S. Case No. 295 of 2019, subject to the following conditions as well as the conditions laid down under Section 437 (3) of the Cr.P.C.
7. Speedy trial is constitutional vision of justice. It transpires to this Court that there are total eight criminal cases pending against the petitioner. The District And Sessions Judge, Patna is directed to do the needful so that trial of all cases
Patna High Court CR. MISC. No. 82989 of 2023(3) dt.07-03-2024 3/3 relating to Magisterial nature shall run before one Magistrate and all Sessions Triable cases shall run before one Sessions Court whose details are as follows:- (I) Bahadurpur P.S. Case No. 81 of 2023 (II) Bahadurpur P.S. Case No. 195 of 2023 (III) Bahadurpur P.S. Case No. 87 of 2023 (IV) Bahadurpur P.S. Case No. 213 of 2022 (V) Bahadurpur P.S. Case No. 431 of 2023 (VI) Bahadurpur P.S. Case No. 73 of 2023 (VII) Bahadurpur P.S. Case No. 48 of 2023 (VIII) Bahadurpur P.S. Case No. 56 of 2023 (Dr. Anshuman, J) sunnykr/- U