Kanchan Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22330 of 2024 Arising Out of PS. Case No.-1210 Year-2023 Thana- ARARIA District- Araria ====================================================== Kanchan Devi, W/o Bipin Chaurasia @ Bipin Kumar Chaurasia R/o Ward No. 8, Om Nagar, P.S. - Araria, Dist. - Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anamul Haque For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-03-2024

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

2. The petitioner seeks bail in anticipation of her arrest in a case registered for the offences punishable under Sections 30(a), 30(D) and 34(A)(B) of the Excise Act.

3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and is a woman and the allegation is of recovery of 350kg. of Nausadar along with 20 kg. Chhua Jaggery from the house of Bipin Chaurasia and 200 kg. Of Chhua jaggery from the house of Mohan Sah.

4. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and she came to be implicated in the instant case for the reason that she is wife of

Patna High Court CR. MISC. No.22330 of 2024(2) dt.29-03-2024 2/2 Bipin Chaurasia. It is further submitted that no husband would disclose the name of his own wife. It is also submitted that any confession made before the police custody does not have any evidentiary value.

5. Learned A.P.P. opposes the 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 her 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 Exclusive Special Judge Excise-1, Araria in connection with Araria P. S. Case No.1210 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) vikash/- U T