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

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

What the court decided

AI extract

Outcome

Release of petitioner on bail after framing of charge, if not already framed, on bail bonds of Rs. 10,000 with two sureties of the like amount each, subject to conditions of family-member bailor, attendance at trial, and non-tampering with evidence/witnesses.

Issue for consideration

Whether petitioner Usha Devi should be released on bail in connection with Nawada P.S. Case No. 680 of 2021 instituted for offences under Sections 33, 34, 36 of the Bihar Prohibition and Excise Act.

Court's answer

Considering the facts and circumstances of the case, the claim based on parity with the co-accused already granted bail, and the period of custody undergone by the petitioner, this Court was inclined to grant bail.

Ratio / Principle

Petitioner ordered released on bail — after framing of charge, if not already framed — on furnishing bail bonds of Rs. 10,000 with two sureties of like amount each, subject to conditions: (I) one bailor shall be own/close member of petitioner's family; (II) petitioner shall appear on every trial date, with Trial Court liberty to cancel bail bonds on default of appearance on two consecutive dates; (III) prosecution at liberty to move for cancellation of bail if petitioner tampers with evidence or witnesses.

Detailed headnote1 paragraphs

BAIL — GRANTED. Usha Devi, arraigned in Nawada P.S. Case No. 680 of 2021 for offences under Sections 33, 34, 36 of the Bihar Prohibition and Excise Act (a U.D. case led investigators to find the informant's father dead from consumption of adulterated wine, whereafter FIR was registered), was held entitled to bail by the Patna High Court (Rudra Prakash Mishra, J.; order dt. 13-05-2025). She was not named in the FIR; her name transpired from the confessional statement of co-accused Manti Devi in Nawada P.S. Case No. 602 of 2020, which counsel argued carried no evidentiary value. In custody since 22.11.2024 with twelve criminal antecedents, and with a co-accused already bailed vide order dt. 27.02.2024 in Cr. Misc. No. 12267 of 2024, the Court granted bail on grounds of parity and length of custody, directing release after framing of charge, if not already framed, on bonds of Rs. 10,000 with two sureties of like amount each — one bailor a close family member, compulsory appearance at trial (bonds cancellable on two consecutive absences), and no tampering with evidence or witnesses.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.7769 of 2025

Arising Out of PS. Case No.-680 Year-2021 Thana- NAWADA District- Nawada

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

Usha Devi Wife of Rajo @ Raju Chaudhary R/o Village - Kharidibigha, P.S. and District - Nawada.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Pramod Kumar Verma, Advocate For the Opposite Party/s : Mr. Binod Kumar, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

ORAL ORDER

3 13-05-2025

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

The petitioner seeks bail in connection with Nawada P.S. Case No. 680 of 2021 instituted for the offences under Sections 33, 34, 36 of the Bihar Prohibition and Excise Act.

Prosecution case, in short, is that, a U.D. case was registered and during investigation, it was found that father of the informant died due to consumption of adulterated wine and later on FIR was registered.

Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of the petitioner transpired in this case on the basis of confessional statement of

Patna High Court CR. MISC. No.7769 of 2025(3) dt.13-05-2025 2/3

the co-accused Manti Devi in Nawada P.S. Case No. 602 of 2020 but the same has no evidentiary value in the eye of law. Learned counsel for the petitioner submitted that general and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. It has been submitted on behalf of the petitioner that the petitioner is in custody since 22.11.2024 and has twelve criminal antecedents. The co-accused person has already been granted bail by this Court vide order dated 27.02.2024 passed in Cr. Misc. No. 12267 of 2024.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

Considering the aforesaid facts and circumstances of the case, claim based on parity as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

Let the petitioner be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Nawada P.S. Case No. 680 of 2021, subject to the following conditions:

Patna High Court CR. MISC. No.7769 of 2025(3) dt.13-05-2025 3/3

(I) One of the bailors shall be own/close member of

the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(III) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Rudra Prakash Mishra, J)

Alok Verma/-

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