Kajal Devi @ Kajal Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80235 of 2024 Arising Out of PS. Case No.-360 Year-2024 Thana- Excise P.S. District- Begusarai ====================================================== Kajal Devi @ Kajal Kumari Wife of Pintu Kumar village- Gandhinagar, gali no 2, ward no 31, Ps -nagar District- begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjit Kumar Thakur, Advocate For the Opposite Party/s :

Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 21-11-2024 Heard the parties.

2. The petitioner is in custody in connection with Begusarai Excise P.S. Case No. 360 of 2024 for the offence punishable under sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act lodged on 21.10.2024 by the informant, Pramod Kumar Das.

3. As per the prosecution story, the Police upon secret information, raided the house and from the room, there is recovery/seizure of 108 liters of foreign liquor which led to the arrest/FIR.

4. Learned counsel for the petitioner submits that she is a lady, housewife, had no knowledge about the presence of the liquor, is a joint property and is in custody since 22.10.2024 (paragraph 11 of the petition).

Patna High Court CR. MISC. No.80235 of 2024(2) dt.21-11-2024 2/3

5. Learned APP opposes the prayer for bail.

6. Considering the fact as also that the petitioner is a lady having no criminal antecedent and recovery is not from her conscious possession, this Court is inclined to extend her the privilege of bail with conditions.

7. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Exclusive Special Excise Court-II, Begusarai, in connection with Begusarai Excise P.S. Case No. 360 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 her 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

Patna High Court CR. MISC. No.80235 of 2024(2) dt.21-11-2024 3/3 criminal offence again, failing which the State shall be at liberty to take steps for cancellation of her bail bonds. (Rajiv Roy, J) Adnan/- U T