Rekha Devi Vs The State of Bihar

====================================================== Appearance : For the Petitioner/s : Mr. Raj Shekhar, Adv. For the Opposite Party/s : Mr. Gulnar Begum, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER

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2 07-05-2025

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Heard Mr. Raj Shekhar, learned Counsel for the petitioner and learned APP for the State.

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The petitioner apprehends her arrest in connection with Alamganj P.S. Case No. 202 of 2025 for the offence registered under sections 30(a) of Bihar Prohibition and Excise Amendment Act lodged on 21.02.2025.

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As per the prosecution story, the informant alleged that on secret information, the Police raided a hutment near Gosaighat Ganga Pathway, a lady rushed out and managed to escape. Later, from the hut, there is recovery/seizure of 52 litre mahua in a plastic bag. This followed the raid of hut of Paachu Sahani and there is/was recovery of 100 litre mahua . This led to the FIR.

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Learned Counsel for the petitioner submits that she has been wrongly named, has no role to play in the matter, only because she is wife of Paachu Sahani, implicated. The last

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Patna High Court CR. MISC. No.25240 of 2025(2) dt.07-05-2025 2/3

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submission is that without accepting the allegation and/or the outcome of the present case, he intends to contribute Rs. 15,000/to the District Legal Services Authority, Patna for the purchase of Journals (SCC/BLJ/PLJR/Bare Acts) for the Sub Divisional Court, Patna City through Demand Draft issued by the local branch of the State Bank of India.

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Learned APP for the State, on the other hand, opposes the prayer for anticipatory bail submitting that her name has also come.

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Considering the aforesaid facts as also that the petitioner is a lady having clean antecedent, in that background, this Court is inclined to grant her the anticipatory bail with conditions subject to payment of Rs.15,000/- to the District Legal Services Authority, Patna for the purchase of Journals for the Sub Divisional Court, Patna City through Demand Draft issued by the local branch of the State Bank of India and the receipt of the purchase be submitted to the Trial Court by the DLSA, Patna.

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Let the petitioner in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Court of Excise, Patna City in connection with Alamganj P.S. Case No. 202

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Patna High Court CR. MISC. No.25240 of 2025(2) dt.07-05-2025 3/3

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of 2025 subject to condition as laid down under Section 438(2) of the Cr.P.C.

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(i) one of the bailor should be the family members/relatives of the petitioner, who shall provide official document to show his bona fide ;

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(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 reason will entail cancellation of his bail bond by the Trial court itself;

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(iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

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(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 the bail bonds.

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Let a copy of the order be sent to the learned Principal District and Sessions Judge, Patna for his perusal and needful.

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(Rajiv Roy, J)

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Vijay Singh/-

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U

Rekha Devi v. The State of Bihar

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Rekha Devi v. The State of Bihar

Case brief

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