Ramrati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84558 of 2019 Arising Out of PS. Case No.-414 Year-2019 Thana- BAGHA District- West Champaran ====================================================== RAMRATI DEVI Wife of Late Balister Sahani Resident of Village - Kailashnagar, P.S.- Bagaha, Distt - West Champaran. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Rashmi Jha, Advocate For the Opposite Party/s :

Mr.Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 19-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner in this case is seeking regular bail in connection with Bagaha Patkhauli P.S. Case No. 414 of 2019 registered for the offences punishable under Section 30(a) of Bihar Prohibition & Excise Act.

Learned counsel for the petitioner submits that the motorcycle from which the alleged illicit liquor has been recovered does not belong to this petitioner and the petitioner has no concern with the alleged illicit liquor. The petitioner is in custody since 29.07.2019 having no criminal antecedent. Learned APP has opposed the prayer of bail.

Considering the facts and circumstance of the case wherein it is the submission that learned counsel for the petitioner that this petitioner was one of the pillion rider on the motorcycle

Patna High Court CR. MISC. No.84558 of 2019(2) dt.19-12-2019 2/2 from which 27.5 liters liquor has been recovered but the motorcycle does not belong to the petitioner, she is a lady and has remained in custody since 29.07.2019, the investigation being complete and chargesheet filed, let the petitioner above named be released on bail in connection with Bagaha Patkhauli P.S. Case No. 414 of 2019 on furnishing of bail bond of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, West Champaran at Bettiah, subject to the condition as laid down under Section 437

(3) Cr.P.C. as under:

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

(Rajeev Ranjan Prasad, J) avin/- U T