Rekha Devi @ Poonam Devi v. The State of Bihar

====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA Mr.Rajib Ranjan Jha, Advocate Mr.Sanjay Kumar, APP ORAL ORDER 2 15-10-2022 Heard learned counsel for the petitioner and learned APP for the State. Let the defect (s), as pointed out by the office, be removed within a period of four weeks. In the present case, the petitioner seeks bail in connection with Bahadurpur (Sonki O.P.) P.S. Case No. 271 of 2022 registered for the alleged offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. As per prosecution case, police received a tip off and they reached at the spot. On seeing the police, a lady was seen trying to escape but she was chased and nabbed. Upon a search, total 17.285 liters India made foreign liquor from her place was recovered and seized. Learned counsel for the petitioner submits that Patna High Court CR. MISC. No.48557 of 2022(2) dt.15-10-2022 petitioner has been falsely implicated in this case due to village politics. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is a lady and has been falsely implicated in this case and has no concern with the seized article. Charge sheet has been submitted in this case and the petitioner is in custody since 20.06.2022. The petitioner has got no criminal history. Learned APP for the State opposes the prayer for bail of the petitioner. Having regard to the facts and circumstances and submission made on behalf of the parties and considering the submission of charge sheet along with period of custody of the petitioner and her clean antecedent, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge-I, Darbhanga, in connection with Bahadurpur (Sonki O.P.) P.S. Case No. 271 of 2022, subject to the conditions mentioned in Section 437(3) of the Code of Criminal Procedure and also the following conditions: (i) One of the bailors will be a close relative of the petitioner. Patna High Court CR. MISC. No.48557 of 2022(2) dt.15-10-2022 (ii) The petitioner will remain present on each and every date fixed by the court below. (iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned. Gautam/Daya U T (Arun Kumar Jha, J)