Patasho Kunwar @ Sanichari Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40403 of 2022 Arising Out of PS. Case No.-118 Year-2022 Thana- KOILWAR District- Bhojpur ====================================================== Patasho Kunwar @ Sanichari, Devi Wife Of Late Bharat Chaudhary Resident Of Ward No.- 10, Katahari Mohalla, P.S.- Koilwar, District - Patna. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar Singh For the Opposite Party/s :

Mr. Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-08-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his 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 15 litres of liquor from a place behind the house of the petitioner in Sagwan garden and 10 litres of liquor from east of Sanjay Chaudhary's house at the bank of river Sone. The learned counsel for the petitioner submits that the petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is next submitted that even recovery was from a place which does not belong to

Patna High Court CR. MISC. No.40403 of 2022(2) dt.25-08-2022 2/2 the petitioner as is evident from the F.I.R. and he came to be implicated at the instance of Chaukidar with whom he is on an inimical term.

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 his arrest or surrender before the learned Court below within a period of six weeks from today, is directed to be released on bail on his 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 Koilwar P. S. Case No.118 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