Patna High Court
Rekha Devi vs The State Of Bihar on 5 January, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31797 of 2020
Arising Out of PS. Case No.-208 Year-2020 Thana- RAJGIR District- Nalanda
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Rekha Devi, Gender-Female, aged about 55 years, Wife of Arun Prasad,
resident of Village- Thhera, Police Station- Chhabilapur in the district of
Nalanda. At present resident of Mohalla- Panchwati Nagar, Police Station-
Rajgir in the district of Nalanda.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Sunil Kumar, Advocate
For the State : Mr. Ram Naresh Roy, APP
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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL JUDGMENT
Date : 05-01-2021
Heard Mr. Sunil Kumar, learned counsel for the
petitioner and Mr. Ram Naresh Roy, learned Additional Public
Prosecutor (hereinafter referred to as the 'APP') for the State.
2. The petitioner is in custody in connection with
Rajgir PS Case No.208 of 2020 dated 25.06.2020, instituted
under Section 30(a) of the Bihar Prohibition and Excise Act,
2016.
3. The allegation against the petitioner is that from
her house 72.840 litres of foreign liquor was recovered.
4. Learned counsel for the petitioner submitted that
though she is the owner of the house, but whatever recovery has
been made, does not belong to her and further, that besides
Patna High Court CR. MISC. No.31797 of 2020 dt.05-01-2021
being a lady, she has no criminal antecedent. Learned counsel
submitted that the petitioner is in custody since 27.06.2020.
5. Learned APP submitted that recovery has been
made from the house belonging to the petitioner.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, let
the petitioner be released on bail upon furnishing bail bonds of
Rs.25,000/- (twenty five thousand) each with two sureties of the
like amount each to the satisfaction of the Additional District
and Sessions Judge III-cum-Special Judge (Excise), Nalanda at
Biahrsharif, in Rajgir PS Case No.208 of 2020, subject to the
conditions (i) that one of the bailors shall be a close relative of
the petitioner, (ii) that the petitioner and the bailors shall execute
bond with regard to good behaviour of the petitioner, and (iii)
that the petitioner shall also give an undertaking to the Court
that she shall not indulge in any illegal/criminal activity, act in
violation of any law/statutory provisions, tamper with the
evidence or influence the witnesses. Any violation of the terms
and conditions of the bonds or the undertaking shall lead to
cancellation of her bail bonds. The petitioner shall cooperate in
the case and be present before the Court on each and every date.
Failure to cooperate or being absent on two consecutive dates,
Patna High Court CR. MISC. No.31797 of 2020 dt.05-01-2021
without sufficient cause, shall also lead to cancellation of her
bail bonds.
7. The application stands disposed off in the
aforementioned terms.
(Ahsanuddin Amanullah, J)
J. Alam/-
AFR/NAFR
U
T
