Ramkali Devi @ Ram Kaliya Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78883 of 2023 Arising Out of PS. Case No.-213 Year-2022 Thana- BAHADURPUR District- Patna ====================================================== Ramkali Devi @ Ram Kaliya Devi, aged about 40 years (Female), Wife Of Late Raju Manjhi Resident Of Mohalla - Bahadurpur Musahari, Police Station - Bahadurpur, District - Patna ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Binay Kumar Singh, Advocate For the Opposite Party/s :
Mr. Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 27-02-2024 The defect/s as pointed out by the Stamp Reporter be ignored.
2. Heard learned counsel appearing on behalf of the parties.
3. The petitioner seeks bail in connection with Bahadurpur P.S. Case No.-213 of 2022 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act and Section 414 of the Indian Penal Code.
4. As per the prosecution case, tit is a case of 144 liters of country made liquor from the house of this petitioner.
5. Learned counsel appearing on behalf of the petitioner submits that petitioner has falsely been implicated in this case. He next submits that the name of the petitioner figured on
Patna High Court CR. MISC. No.78883 of 2023(4) dt.27-02-2024 2/3 the basis of confessional statement of co-accused Niraj Kumar and he has no concern with the said Niraj Kumar. Petitioner is a lady and she is in custody since 20.06.2023. He next submits that similarly situated three co-accused persons have also been granted bail by a Co-ordinate Benches of this Court passed in Cr. Misc. Nos. 72312 of 2022, 44294 of 2023 and 81423 of 2023 respectively.
6. Learned APP appearing for the State, opposes the prayer for bail of the petitioner.
7. Considering the facts and circumstances and also considering that similarly situated co-accused persons have already been granted bail by a Co-ordinate Benches of this Court, let the petitioner, above named, is directed to be released on bail after framing of the charge in connection with Bahadurpur P.S. Case No.213 of 2022 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Court of Excise, Patna City, Patna.
8. The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen) days from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been
Patna High Court CR. MISC. No.78883 of 2023(4) dt.27-02-2024 3/3 submitted then the above named petitioner shall be released on bail on furnishing bail bond with further condition that the petitioner have to present physically on each and every date before the Trial Court till conclusion of the proceeding of framing of charge.
(Ramesh Chand Malviya, J) Brajesh Kumar/- U T