IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.79597 of 2024 Arising Out of PS. Case No.-257 Year-2024 Thana- JAYNAGAR District- Madhubani ====================================================== Rubi Devi wife of Surendra mandal R/o - usha Nagar, Baswara, ward No.38, P.S - Town, District - Mahdubani ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Sanjay Kumar Jha, Adv. For the Opposite Party/s : Mr.Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 2 18-02-2025 Heard the parties. 2. The petitioner is in custody in connection with Jay Nagar P.S. Case No. 257 of 2024 for the offence punishable under Sections 274, 275, 317(5) and 3(5) of the Bharatiya Nyaya Sanhita lodged on 10.09.2024 by the informant, Manoj Kumar. 3. As per the prosecution story, the informant alleged that upon intercepting an e-rickshaw, there is recovery/seizure of 144 liters Nepali liquor, the four ladies were sitting in the e- rickshaw including the three petitioners, arrested and the FIR was lodged. 4. Learned counsel for the petitioner submits that they were passengers, neither the driver nor the owner of the vehicle, though she is having criminal antecedent, is in custody since 11.09.2024 (paragraph-9 of the petition). The last submission is Patna High Court CR. MISC. No.79597 of 2024(2) dt.18-02-2025 2/3 that the driver of the vehicle, Md. Akbar has been granted bail in Cr. Misc. No. 76545 of 2024 vide order dated 24.10.2024. 5. Learned APP opposes the prayer for bail submitting that they were present in the e-rickshaw and as such, cannot exonerate themselves from the allegations. 6. In the FIR the petitioner is named and is also having criminal antecedent of the same nature, however, considering that she is a lady and is in custody since 11.09.2024 and similarly situated other persons have been granted bail which includes Kaushalya Devi in Cr. Misc. No. 78221 of 2024, an undertaking has been given that henceforth, she shall not indulge in such activity, in that background, this Court is inclined to extend her the privilege of bail with conditions. 7. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Court of Additional Sessions Judge-II-cum-Special Judge, Excise Act, Madhubani, in connection with Jay Nagar P.S. Case No. 257 of 2024 subject to the following conditions: (i) one of the bailor should be the family member/relative of the petitioners who shall provide official document to show his/her bona fide; Patna High Court CR. MISC. No.79597 of 2024(2) dt.18-02-2025 3/3 (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 her bail bond by the Trial Court itself; (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; (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. perwez (Rajiv Roy, J) U T