Champa Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17854 of 2024 Arising Out of PS. Case No.-120 Year-2023 Thana- TAJPUR District- Samastipur ====================================================== Champa Devi Wife Of Late Thagan Sahni R/O-Chaklalshahi, P.S.-Tajpur (Halai O.P.), Distt.-Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bijay Bhushan Prasad For the Opposite Party/s :
Mr.Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends her arrest in a case registered for the offence under Section 30(a) of Bihar Prohibition and Excise Act.
3. As per F.I.R., 4.250 liters of country-made liquor has been recovered from the tea stall of Thagan Sahni, husband of this petitioner.
4. It is submitted on behalf of petitioner that no incriminating article has been recovered from conscious possession of petitioner and petitioner has got no concern with the alleged recovery. Section 100 Cr.P.C. has not been followed with regard to search & seizure. Petitioner is lady and has got clean antecedent.
5. Learned A.P.P. for the State has opposed the bail petition.
Patna High Court CR. MISC. No.17854 of 2024(4) dt.14-05-2024 2/2
6. Considering the quantity of recovery and clean antecedent, let the above named petitioner, in the event of arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise - 02, Samastipur, in connection with Tajpur P.S. Case No. 120 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) anay/- U T