Rinku Devi vs The State Of Bihar on 22 December, 2023

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Patna High Court - Orders

Rinku Devi vs The State Of Bihar on 22 December, 2023

Bench: Alok Kumar Pandey

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.81262 of 2023
                      Arising Out of PS. Case No.-278 Year-2023 Thana- KEWATI District- Darbhanga
                 ======================================================
                 RINKU DEVI W/O RAM BABU SAHNI VILLAGE- DHURIYA DOME,
                 PS. KEOTI, DIST. DARBHANGA.

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Girish Chandra Jha
                 For the Opposite Party/s :       Mr.Shailendra Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
                                       ORAL ORDER

2   22-12-2023

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Keoti P.S. Case No. 278/2023 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per prosecution case, 99.525 litre foreign liquor was recovered from house of co-accused Rambabu Sahni and petitioner(Rinku Devi) apprehended on spot.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged in the FIR and he has falsely been implicated in this case. Petitioner being a lady, has nothing to do with the alleged occurrence as the place of recovery is owned by co-accused Patna High Court CR. MISC. No.81262 of 2023(2) dt.22-12-2023 2/3 Rambabu Sahni(husband of petitioner). It is further submitted that petitioner is in custody since 24.09.2023. Petitioner bears no criminal antecedent.

The learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, period of custody, petitioner being a lady, keeping in view clean antecedent of the petitioner, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge Excise-I, Darbhanga in connection with Keoti P.S. Case No. 278/2023, subject to the following conditions:-

(i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for Patna High Court CR. MISC. No.81262 of 2023(2) dt.22-12-2023 3/3 cancellation of bail by the learned Trial court itself.

(iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Alok Kumar Pandey, J) asmit/-

U         T

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Patna High Court - Orders