Bachchi Kunwar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22974 of 2024 Arising Out of PS. Case No.-212 Year-2023 Thana- JANTA BAZAR District- Saran ====================================================== BACHCHI KUNWAR W/O LATE SURESH RAUT R/O VILLAGEKHURD LAUWAN, P.S- JANTA BAZAR, DISTT.- SARAN. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar Singh, Advocate For the Opposite Party/s :

Mr. Umesh Lal Verma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-04-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends her arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

3. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and is a woman and allegation is of recovery of 15 liters of liquor from a bush behind the house of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from her conscious possession and even the alleged recovery is from a place which is accessible to public at large and does not belong to the petitioner and she came to be implicated in the instant case based on suspicion by local people

Patna High Court CR. MISC. No.22974 of 2024(2) dt.01-04-2024 2/2 on the ground that alleged recovery was from a place which is adjacent to her house. It is further submitted that the police in mechanical manner implicates either at the instant of Chowkidar or the local people but then the name of the people who disclosed the name of the petitioner is not disclosed in the FIR which casts an aspersion on the case of the prosecution.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

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 trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount to the satisfaction of the learned trial court where the case is pending/successor court in connection with Janta Bazar P.S. Case No. 212 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishabh/- U T