Sima Devi @ Kanchan Kumari @ Kanchan Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15288 of 2024 Arising Out of PS. Case No.-344 Year-2023 Thana- BARUN District- Aurangabad ====================================================== SIMA DEVI @ KANCHAN KUMARI @ KANCHAN DEVI W/O UPENDRA CHAUDHARY @ AJAY CHAUDHARY R/O VILLAGEBARUN KEMADA, MOHANGANJ, P.S- BARUN, DISTT.- AURANGABAD (BIHAR), PIN- 824112.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pramendra Kumar Singh, Advocate For the Opposite Party/s :
Mr.Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-03-2024
1. Heard learned counsel for the petitioner as well as learned APP for the State.
2. The petitioner seeks bail in anticipation of her arrest 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 petitioner is a person with clean antecedent and is a women and allegation is of recovery of 7.4 liters of liquor from a plastic bag.
4. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and even alleged recovery is from a place which does not belong to the petitioner and she came to be implicated at the instance of 'Chowkidar' with whom she is on inimical
Patna High Court CR. MISC. No.15288 of 2024(2) dt.12-03-2024 2/2 term, when petitioner admittedly is a person with clean antecedent.
5. The learned APP for the State opposes the anticipatory bail application.
6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of her arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 500/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise, Court No.1, Aurangabad in connection with Barun P.S. Case No.344 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
(Satyavrat Verma, J) Prakash Narayan U T