The Patna High Court granted bail to Usha Devi, a wife implicated as an accomplice in a spurious liquor case causing deaths. The Court considered her secondary role and the submitted charge sheet favorable factors.
Grant of bail on a bond of Rs. 10,000 with two sureties of like amount to the satisfaction of the Special Excise Court.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.16916 of 2022
Arising Out of PS. Case No.-8 Year-2022 Thana- MAKER District- Saran
======================================================
Usha Devi W/O Birendra Mahto, R/o village- Jagdishpur, P.S.- Maker, District- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Ashok Kumar, Adv. For the Opposite Party/s : Mr.Upendra Kumar, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 25-07-2022
Heard learned counsel for the petitioner and the State.
The petitioner is in judicial custody since 26.1.2022 (as stated in para-17 of the bail application) in connection with Maker P.S. Case No. 08 of 2022 under sections 272, 273, 328, 308, 304, 120(B), 34 of the Indian Penal Code.
The allegation in the FIR is that police got information through a viral video that one Md. Isha Tailer has died after consuming spurious liquor. Upon reaching his house, the villagers informed about the alleged spurious liquor being manufactured by Munna Mahto and Birendra Mahto. Accordingly, the police raided their house and recovered 1.600 liters of spurious liquor from their house. Birendra Mahto was nabbed and thereafter their shop was also raided from where 380 liters of spurious liquor was recovered/seized from northern room while 9.420 liters of English wine and 220 liters of mix wine and 10 liters of country made wine along with cough syrup and empty bottles, packing machine and other materials were
Patna High Court CR. MISC. No.16916 of 2022(2) dt.25-07-2022 2/3
recovered/seized by the police.
It has further been alleged in the FIR that after drinking the said spurious liquor from the shop of Munna Mahto and Birendra Mahto, number of people died. The names of people who died were Ramnath Mahto, Md. Isha Tailer and Samar Mahto while Paltan Mahto and Suraj Baitha were under treatment.
After lodging of the FIR, the accused persons were arrested.
The petitioner is related to Birendra Mahto being his wife and as per allegation in the FIR, she is an accomplice.
Learned counsel for the petitioner submits that she has no role to play in the matter and has been implicated in this case only because she has wife of Birendra Mahto. He further submits that she is custody since 21.01.2022 (as stated in para-15 of the bail application).
Taking into account the fact that the main role has been attributed to accuseds Birendra Mahto and Munna Mahto and the petitioner is wife of Birendra Mahto and is in jail since 21.01.2022 and charge sheet stands submitted, this Court is inclined to grant her the privilege of bail.
Let the petitioner be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of like amount each to the satisfaction of learned 2nd Exclusive Special Excise Court, Saran at Chapra, in connection with Maker P.S. Case
Patna High Court CR. MISC. No.16916 of 2022(2) dt.25-07-2022 3/3
No. 08 of 2022 subject to the following conditions:
(i) one of the bailors should be the family members of the petitioner, who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reasons will entail her cancellation of bail by the Trial Court itself;
(iii) she shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of her bail bonds;
(iv) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of her bail bonds.
With the aforesaid observations, the bail application is
allowed.
(Rajiv Roy, J)
Prakash Narayan /- U T
1 issue framed by the court
Whether bail should be granted to the petitioner who is arrested as an accomplice in a conspiracy to manufacture and sell spurious liquor causing deaths.
Usha Devi
The State of Bihar
Rajiv Roy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
