The Patna High Court granted bail to Sarita Devi, charged with offences under the Bihar Prohibition & Excise Act, 2018. She was released on furnishing a bond with two sureties, conditioned on cooperation and non-tampering with evidence.
Petitioner directed to be enlarged on bail by furnishing a bond of Rs. 10,000/- with two sureties of the like amount each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2771 of 2021
Arising Out of PS. Case No.-159 Year-2020 Thana- DHURAIYA District- Banka
======================================================
SARITA DEVI, Wife of Sudhir Singh, Resident of Village- Paway Valuwar, P.S. - Amarpur, District - Banka.
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Pramod Mishra, Adv. For the Opposite Party/s : Mr. J.N. Thakur, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
2 09-03-2021 Heard both parties.
The petitioner seeks bail in Dhoraiya P.S. Case No. 159/2020, registered for the offences punishable under Sections 30(a) of the Bihar Prohibition & Excise Act, 2018.
As per prosecution case, 141.9 litres of illicit country made liquor has been recovered from a Santro Car and this petitioner was sitting on the back seat of the vehicle.
It has been submitted on behalf of the petitioner that nothing has been recovered from possession of this petitioner. Petitioner has neither concern with aforesaid vehicle nor with the recovered liquor. She was simply travelling in the said vehicle. She had no knowledge about the liquor being carried in the vehicle. Petitioner is lady. She has no criminal antecedent. Chargesheet has already been submitted.
Patna High Court CR. MISC. No.2771 of 2021(2) dt.09-03-2021 2/2
Petitioner is in custody since 29.06.2020.
Considering the aforesaid facts and circumstances, the petitioner, above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge II, Banka, subject to the following conditions:-
(i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, her bail bond shall be liable to be cancelled by the court below.
(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(Prabhat Kumar Singh, J)
rakhi/-
U
2 issues framed by the court
Whether the petitioner should be granted bail in a case of illicit liquor recovery.
Whether the petitioner's lack of possession or knowledge affects the bail plea.
1 provisions across 1 enactments
SARITA DEVI
THE STATE OF BIHAR
PRABHAT KUMAR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
