Patna High CourtCR. MISC./84135/2024bail granted

Madhiya Devi v. The State Of Bihar

2024-12-11Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84135 of 2024 Arising Out of PS. Case No.-112 Year-2024 Thana- SAKATPUR District- Darbhanga ====================================================== Madhiya Devi W/O Binod Sadai Resident of Village- Kurso, P.S.- Sakatpur, Dist.- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Priyadarshini Kumari, Adv.

Mr.Saurav Anand, Adv.

For the Opposite Party/s :

Mr.Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 11-12-2024 Heard Ms. Priyadarshini Kumari, learned counsel for the petitioner and the State.

2. The petitioner is in judicial custody in connection with Sakatpur P.S. Case No. 112 of 2024 for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, lodged on 04.11.2024 by the informant, Sanjay Pathak.

3. As per the prosecution story, the informant alleged that upon information that this petitioner is in business of liquor, the place was raided and there is recovery/seizure of 540 litres of Nepali liquor. Accordingly, the FIR/arrest.

4. Learned counsel for the petitioner submits that the recovery/seizure is from a joint house, she being the house wife has no role to play but got implicated.

Patna High Court CR. MISC. No.84135 of 2024(2) dt.11-12-2024 2/3

5. Learned APP opposes the prayer.

6. Considering the submissions put forward by the parties as also the fact that she is a lady, has remained in custody since 05.11.2024, FIR lodged, will be facing the trial, this Court is inclined to extend her the privilege of bail.

7. Let the petitioner, above named, 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 Judge-II (Excise Act), Darbhanga in connection with aforesaid P.S. Case subject to the following conditions:

(i) one of the bailors 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;

Patna High Court CR. MISC. No.84135 of 2024(2) dt.11-12-2024 3/3 (1v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of her bail bonds. (Rajiv Roy, J) perwez U T