Suman Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28573 of 2022 Arising Out of PS. Case No.-126 Year-2022 Thana- PATNA CITY CHOWK District- Patna ====================================================== Suman Devi, wife Of Jaykant Ray Resident Of Village - Baghlodan Gali, P.S.- Chowk, District - Patna.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Jay Ram Prasad For the Opposite Party/s :

Mr. Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-08-2022 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, 2018.

The learned counsel for the petitioner submits that the petitioner has antecedent of seven cases and is a woman and the allegation is of recovery of 1050 litre of liquor from the street and from various vehicle.

The 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 her name transpired in the confessional statement of Sudarshan Rai, which has no evidentiary value. It is further

Patna High Court CR. MISC. No.28573 of 2022(2) dt.12-08-2022 2/2 submitted that the police got the petitioner falsely implicated because of her antecedent based on confessional statement. 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. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Chowk P. S. Case No.126 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