Ramkali Devi @ Raj Kumari Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.90232 of 2025 Arising Out of PS. Case No.-45 Year-2018 Thana- BAHADURPUR District- Patna ====================================================== Ramkali Devi @ Raj Kumari Devi W/o Late- Raju Manjhi @ Rajkiran Manjhi R/o Mohalla- Musahri, P.S- Bahadurpur, Dist- 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. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 31-01-2026 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Bahadurpur PS Case No. 45 of 2018 instituted for the offences under Section/s 30(a), 38 & 41 of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that 53 liters liquor was recovered from the hut of the petitioner. 4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is submitted

Patna High Court CR. MISC. No.90232 of 2025(3) dt.31-01-2026 2/3 that recovery is made from hut, which is joint property of the family of the petitioner. The petitioner is in custody since 28.04.2025 and has got twenty (20) criminal antecedent/s. There is no compliance of Section 103 of the BNSS, 2023. 5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case, clean antecedent of the petitioner and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7.

Let the petitioner be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bahadurpur PS Case No. 45 of 2018, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

Patna High Court CR. MISC. No.90232 of 2025(3) dt.31-01-2026 3/3 (III) If the petitioner tampers with the evidence or the witnesses of the case by intimidating/pressurizing the witnesses, during the investigation or trial, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (IV) If the petitioner is found indulged in any criminal activity or commission of any crime after being released on bail, the prosecution will be at liberty to file an appropriate application before the court below for cancellation of his bail. (V) The petitioner shall not leave the territorial jurisdiction of the Court below without its prior permission. (Rudra Prakash Mishra, J) Raj Kishore/- U T