Rukmina Devi vs The State Of Bihar
2021 Latest Caselaw 330 Patna

       IN THE HIGH COURT OF JUDICATURE AT PATNA
               CRIMINAL MISCELLANEOUS No.28068 of 2020
     Arising Out of PS. Case No.-97 Year-2020 Thana- SIDHWALIYA District- Gopalganj
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Rukmina Devi, aged about 55 years, female, W/o Sumesh Mahto and D/o Late Bechu Mahto, resident of Village- Bishunpura, P.S.- Shidhwalia, District- Gopalganj.

... ... Petitioner/s

Versus

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

  For the Petitioner/s    :        Mr. Satyendra Rai, Advocate
  For the State           :        Mr. Md. Arif, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 25-01-2021

Heard Mr. Satyendra Rai, learned counsel for the

petitioner and Mr. Md. Arif, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State.

2. The petitioner apprehends arrest in connection with

Sidhwalia PS Case No.97 of 2020 dated 27.05.2020, instituted

under Section 30(a) of the Bihar Prohibition and Excise Act,

2016 (hereinafter referred to as the 'Act').

3. The allegation against the petitioner is that on

information that the petitioner along with another person had

kept liquor in their house, when the police went, two persons

ran away and from the canal near the house of the petitioner, 26

litres country made liquor in three gallons was recovered.

4. Learned counsel for the petitioner submitted that Patna High Court CR. MISC. No.28068 of 2020 dt.25-01-2021

she is a lady and has no connection with the recovered articles

as the same was not recovered either from her conscious

possession or from her house. Learned counsel submitted that

the petitioner is accused in Sidhwalia PS Case no.98 of 2020,

which was also of the same Police Station lodged on the same

day under Section 30(a) of the Act.

5. Learned APP submitted that the petitioner ran away

from her house and the police have recovered the liquor from

the canal near her house. However, he did not controvert that no

recovery has been made from the house of the petitioner.

6. Having considered the facts and circumstances of

the case and submissions of learned counsel for the parties, in

the event of arrest or surrender before the Court below within

six weeks from today, the petitioner be released on bail upon

furnishing bail bonds of Rs.25,000/- (twenty five thousand)

with two sureties of the like amount each to the satisfaction of

the Additional District & Sessions Judge II-cum-Special Judge,

Excise, Gopalganj, in Sidhwalia PS Case No.97 of 2020, subject

to the conditions laid down in Section 438(2) of the Code of

Criminal Procedure, 1973, and further (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 Patna High Court CR. MISC. No.28068 of 2020 dt.25-01-2021

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, 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