IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.78221 of 2024 Arising Out of PS. Case No.-257 Year-2024 Thana- JAYNAGAR District- Madhubani ====================================================== Kaushlaya Devi Wife of Late Jagdish Mukhiya Resident of Village - Usha Nagar Baswara, Ward No.38, P.S - Town, District - Madhubani ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 78473 of 2024 Arising Out of PS. Case No.-257 Year-2024 Thana- JAYNAGAR District- Madhubani ====================================================== Gulab Devi Wife of Dinesh Mukhiya R/o - Bharaspatti, P.S - Kaluahi, District - Madhubani ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 78767 of 2024 Arising Out of PS. Case No.-257 Year-2024 Thana- JAYNAGAR District- Madhubani ====================================================== NAJMA KHATOON W/O MD MAJAIL R/O Vill- USHANAGAR, BASUARA WARD NO 38, P.S. TOWN, DISTRICT MADHUBANI ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 78221 of 2024) For the Petitioner/s : Mr. Sanjay Kumar Jha, Advocate For the Opposite Party/s : Mr. Mohammed Arif, APP (In CRIMINAL MISCELLANEOUS No. 78473 of 2024) For the Petitioner/s : Mr. Sanjay Kumar Jha, Advocate For the Opposite Party/s : Mr. Mohammed Arif, APP (In CRIMINAL MISCELLANEOUS No. 78767 of 2024) For the Petitioner/s : Mr. Nafisu Zzoha, Advocate For the Opposite Party/s : Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY Patna High Court CR. MISC. No.78221 of 2024(3) dt.30-01-2025 2/4 ORAL ORDER 3 30-01-2025 Heard the parties. 2. The petitioners are 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 petitioners submit that they were passengers, neither the driver nor the owner of the vehicle, though Nazma Khatoon is having criminal antecedent, the other two petitioners do not have any criminal antecedent and are in custody since 11.09.2024 (paragraph-9 of the petition). The last submission is 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. Patna High Court CR. MISC. No.78221 of 2024(3) dt.30-01-2025 3/4 6. Though the FIR is there, the petitioners have been named, will ultimately face the trial, charge-sheet submitted, being ladies, are in custody since 11.09.2024 and two of them have no criminal antecedent, in that background, this Court is inclined to extend them the privilege of bail with conditions. 7. Let the petitioners be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each 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; (ii) the petitioners 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; (iii) the petitioners 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; Patna High Court CR. MISC. No.78221 of 2024(3) dt.30-01-2025 4/4 (iv) the petitioners shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. Adnan/- (Rajiv Roy, J) U T