Chandani Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21786 of 2022 Arising Out of PS. Case No.-410 Year-2021 Thana- NAANPUR District- Sitamarhi ====================================================== Chandani Devi, W/O Umesh Sahni R/O Village- Chhota Gaura, P.S.- Nanpur, District- Sitamarhi ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Jha For the Opposite Party/s :

Mr. Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-09-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of her arrest in a case registered for the offences punishable under Section 30(a) of the Excise Act, 2016.

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 15 litres of liquor from the house of Umesh Sahni and 05 litres of liquor from Asharfi Ram. The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case merely because she is wife of Umesh Sahni. It is next submitted that petitioner was completely unaware that the husband was indulging in trade of illegal liquor and as such, she was not

Patna High Court CR. MISC. No.21786 of 2022(2) dt.28-09-2022 2/2 knowing that the liquor was kept in the house and came to be implicated merely because she also resides in the same house with her husband.

The learned Additional Public Prosecutor opposes the anticipatory bail application.

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 from today, is directed to be released on bail on her furnishing bail-bonds in the sum of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Nanpur P. S. Case No.410 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T