Chanda Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28251 of 2023 Arising Out of PS. Case No.-617 Year-2022 Thana- PAROO District- Muzaffarpur ====================================================== CHANDA DEVI W/O ASHOK CHAUDHARY R/O Village- Daudpur, P.SParoo, Distt.- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 37, 30(a), 31 and 41(A) of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner is a woman and is a person with clean antecedent and allegation is of recovery of 15 liters of liquor from the hut of Suli Ram and 20 liters of liquor from house of Ashok Choudhary who is the husband of the petitioner. Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from her conscious possession, it is next submitted that, being wife of Ashok Choudhary, she has been implicated

Patna High Court CR. MISC. No.28251 of 2023(2) dt.17-05-2023 2/2 mechanically in the case. It is also submitted that house is a joint family property, as such it cannot be alleged with certainty that it was petitioner who had kept the liquor in the house or the liquor kept in the house was within her knowledge. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

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 each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Paroo P.S. Case No. 617 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishabh/- U T