Basanti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32563 of 2023 Arising Out of PS. Case No.-442 Year-2022 Thana- SIDHWALIYA District- Gopalganj ====================================================== Basanti Devi, Wife Of Chandeshwar Mahto @ Chauhan R/O Lohizra, P.S.- Sidhwalia, District- Gopalganj, Bihar ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Sumit Shekhar Pandey For the Opposite Party/s :

Ms.Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-07-2023 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.

The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of recovery of 20 litres of liquor from a canal situated near the house of the petitioner.

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 he came to be implicated at the instance of Chaukidar with whom her husband is on an inimical term. It is next submitted that the alleged

Patna High Court CR. MISC. No.32563 of 2023(2) dt.13-07-2023 2/2 recovery is from a place, which is accessible to public at large and does not belong to the petitioner.

Learned A.P.P. opposes the 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, 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 the learned Additional District & Sessions JudgeII-cum-Special Excise Court No.1, Gopalganj in connection with Sidhwalia P. S. Case No.442 of 2022, 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