Patna High CourtCR. MISC./41805/2024bail granted

Kabutari Devi v. The State Of Bihar

2024-07-03Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41805 of 2024 Arising Out of PS. Case No.-224 Year-2021 Thana- KOTWALI District- Patna ====================================================== KABUTARI DEVI WIFE OF GAFOOR MAHTO @ KAPOOR MAHTO RESIDENT OF MOHALLA - KAMLA NEHRU NAGAR, POST - G.P.O., P.S. - KOTWALI, DISTRICT - PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satrudhan Kumar For the Opposite Party/s :

Mr. Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-07-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends her arrest in a case registered for the offences punishable under Section 30 (a) of the Bihar Excise Act.

3. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and is a woman and allegation is of recovery of 70 liters of liquor from a place near community hall.

4. Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from her conscious possession and even

Patna High Court CR. MISC. No.41805 of 2024(2) dt.03-07-2024 2/3 alleged recovery is from a place which does not belong to the petitioner and is accessible to public at large and she came to be implicated based on confessional statement of apprehended accused in police custody which does not have any evidentiary vlaue.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner abovenamed, 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. 500/- (Rupees Five Hundred) 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 Kotwali P.S. Case No. 224 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

7. However, it is made clear the learned Trial Court before accepting the bail bonds of the petitioner shall verify the criminal antecedent of the petitioner and in the event if it is found that petitioner has antecedent of even

Patna High Court CR. MISC. No.41805 of 2024(2) dt.03-07-2024 3/3 one case in that event, the present anticipatory bail order shall not be given effect to.

(Satyavrat Verma, J) Shivam/- U T