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Patna High CourtCR. MISC./14011/2019bail granted

Kanchan Devi v. The State Of Bihar

2019-03-07Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14011 of 2019 Arising Out of PS. Case No.-1185 Year-2017 Thana- SAHARSA District- Saharsa ====================================================== Kanchan Devi, aged about 28 years (Female), Wife of Pawan yadav Resident of Village - Dighiya, P.S.- Sadar, distt.- Saharsa. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bidhan Chandra Jha For the Opposite Party/s :

Mr.Ram Bachan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 07-03-2019 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is apprehending her arrest in connection with Special (Excise) Case No. 532 of 2017 arising out of Saharsa (Sadar) P.S. Case No. 1185 of 2017 registered for offences under sections 30(a), 38(1) and 41(1) of the Bihar Prohibition and Excise Act, 2016.

Huge quantity of about 630 liters of illicit foreign liquor have been recovered from the joint house of co-accused Suchen Yadav, petitioner and her husband. The elder brother of the petitioner was arrested on the spot.

Learned counsel for the petitioner submits that the petitioner has nothing to do with the liquor and wrongly she has been implicated in the present case. He further submits that the co-accused Satya Narain Yadav and Pawan Yadav have already

Patna High Court CR. MISC. No.14011 of 2019(2) dt.07-03-2019 2/2 been granted anticipatory bail by this Court vide order dated 11.7.2018 passed in Cr. Misc. No. 38771 of 2018. The petitioner has got no criminal antecedent. Looking to the entire facts and circumstances of the case, let the petitioner, above named, in the event of her arrest or surrender before the court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise Act, Saharsa in connection with Special (Excise) Case No. 532 of 2017 arising out of Saharsa (Sadar) P.S. Case No. 1185 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also subject to condition that whenever the police will call the petitioner for investigation/interrogation, she will remain present and if she would not present herself, the privilege of grant of anticipatory bail shall be deemed to have been canceled.

(Shivaji Pandey, J) rishi/- U T