Allowed¶22

Menka Devi v. The State of Bihar

Patna HC20 Feb 2025CR. MISC./709/2025

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Release on bail upon furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Court below/concerned Court in connection with Chakand P.S. Case No. 312 of 2024. ¶22

Menka Devi Vs The State of Bihar — Patna HC (2025) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.709 of 2025

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Arising Out of PS. Case No.-312 Year-2024 Thana- CHAKAND District- Gaya

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======================================================

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Menka Devi W/o- Late Raju Prasad Village- Chakand Bazar Patatoli PsChakand Dist- Gaya

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Vinod Kumar, Adv. For the Opposite Party/s : Ms.Gulnar Begum, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

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ORAL ORDER

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3 20-02-2025

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Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

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The petitioner seeks bail in connection with Chakand P.S. Case No. 312 of 2024 instituted for the offences under Sections 30(a)(d)(g) of the Bihar Prohibition and Excise Act, 2016 and Section 25(1-b)a, 26, 35 of the Arms Act.

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As per prosecution case, the police has recovered a country-made pistol, 16 litre illicit country-made liquor, 9.375 litre foreign liquor and 08 live cartridges from the house from where the petitioner and other two co-accused persons were apprehended and 16.25 litre foreign liquor from the another house of the accused persons.

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Learned counsel for the petitioner submits that the

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Patna High Court CR. MISC. No.709 of 2025(3) dt.20-02-2025 2/3

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petitioner is innocent and she has been falsely implicated in the present case with false and frivolous allegations. The petitioner is a widow lady and she has no concern with the alleged recovered country-made pistol and the cartridges. The petitioner has also no concern with the recovered illicit liquor. He further submits that nothing incriminating has been recovered from the conscious/physical possession of the petitioner. There is a noncompliance of Section 103 of the B.N.S.S. which creates a serious doubt in the prosecution case. The petitioner has no criminal antecedent and is languishing in judicial custody since 10.11.2024 without any rhymes or reason.

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On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner, stating that the offence alleged against the petitioner is serious in nature. The petitioner is named in the F.I.R. and, hence, she does not deserve bail.

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Having heard rival contention of both the parties and considering the entire facts and circumstances of the case, the period of custody of the petitioner, the petitioner having no criminal antecedent as also the petitioner being lady, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the

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Patna High Court CR. MISC. No.709 of 2025(3) dt.20-02-2025 3/3

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like amount each to the satisfaction of Court below/concerned Court in connection with Chakand P.S. Case No. 312 of 2024.

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(Rudra Prakash Mishra, J)

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rishi/-

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U T

Menka Devi v. The State of Bihar

Case brief

What is this about?

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Menka Devi v. The State of Bihar

Case brief

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