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2025 DAILYLAW 89809 (PAT)

Shivani Devi @ Darva Devi @ Shimani Devi @ Darwali v. The State of Bihar

CR. MISC./89702/2024 · 2025-02-10

Anjani Kumar Sharan

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Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.89702 of 2024 Arising Out of PS. Case No.-177 Year-2024 Thana- UJIYARPUR District- Samastipur ====================================================== Shivani Devi @ Darva Devi @ Shimani Devi @ Darwali W/O Late Rameshwar Sahani R/O Vil.- Chaundauli ward 12, P.S.- Ujiarpur, Dist.- Samstipur ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Dilip Kumar Roy For the Opposite Party/s : Mr. Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 2 10-02-2025 Heard Mr. Dilip Kumar Roy, learned counsel for the petitioner and Mr. Dilip Kumar No. 1, learned A.P.P. for the State. 2. The petitioner seeks bail in a case registered for the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise Act. 3. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that no incriminating article has been recovered from the conscious physical possession of the petitioner rather 20.160 liters of foreign liquor is said to have been recovered from the house of the petitioner. He submits that the petitioner has one criminal antecedent as mentioned in para-3 of this application and she is languishing in judicial custody since 28.10.2024. 4. Petitioner is agreed to deposit a sum of Rs.5,000.00 (Rupees Five Thousand) in the account of Lawyer’s Patna High Court CR. MISC. No.89702 of 2024(2) dt.10-02-2025 2/2 Association Welfare Benevolent Fund, bearing Account No. 7801893276, IFSC Code: IDIB000L501, Indian Bank, LNMI Branch, Bailey Road, Patna. 5. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending/successor Court in connection with Ujiarpur P.S. Case No. 177 of 2024, subject to the conditions that: (i) One of the bailors will be her own blood relative, preferably, father, mother, brother, sister and/or her wife. (ii) The petitioner shall not indulge herself in any similar offence till conclusion of the trial. 6. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of the aforesaid amount in the account of Lawyer’s Association Welfare Benevolent Fund, Patna. devendra/- (Anjani Kumar Sharan, J) U T