Patna High CourtCR. MISC./51453/2023bail granted

Kumari Mani Chaupal @ Manisha Chaupal v. The State Of Bihar

2023-08-08Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51453 of 2023 Arising Out of PS. Case No.-82 Year-2023 Thana- JADIA District- Supaul ====================================================== KUMARI MANI CHAUPAL @ MANISHA CHAUPAL W/O SANJAY RAM R/O VILLAGE- RAJAGAWN, WARD NO. 02, PS. JADIA , DIST. SUPAUL ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Neerad Parashar,Advocate For the Opposite Party/s :

Mr. Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-08-2023

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 30 (a) of the Bihar Prohibition and Excise Amendment Act, 2018.

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 5 liters of liquor from her house.

4. Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from her conscious possession, it is further submitted that even alleged recovery is from a house which is a joint family and as such it cannot be alleged with certainty that it was petitioner who had kept the liquor in the house or the

Patna High Court CR. MISC. No.51453 of 2023(2) dt.08-08-2023 2/2 liquor kept in the house was within her knowledge.

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 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 to the satisfaction of the learned court of Exclusive cum Special Judge Excise Act, Court No.-1, Supaul, where the case is pending/successor court in connection with Jadia P.S. Case No. 82 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Jyoti/Rishabh U T