Kanchan Devi @ Ghorawali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53919 of 2022 Arising Out of PS. Case No.-392 Year-2022 Thana- MALSALAMI District- Patna ====================================================== KANCHAN DEVI @ GHORA WALI W/o Late Prakash Rai @ Prakash Yadav Resident of Village - Mansurganj, Mushahari, P.S. - Malsalami, Distt. - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Anil Prasad Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-11-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within a period of four weeks.

The petitioner apprehends her arrest in a case registered for the offences punishable under Section 30(a) and 36 of the Bihar Prohibition and Excise (Amendment) Act, 2018. Learned counsel for the petitioner submits that petitioner has antecedent of two cases and is a woman. Allegation is of recovery of five litres of liquor from the possession of Om Kumar and 20 litres of liquor from a jute bag which was hidden near the place of occurrence. Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was

Patna High Court CR. MISC. No.53919 of 2022(3) dt.17-11-2022 2/2 recovered from her conscious possession. It is further submitted that name of the petitioner transpired in the confessional statement of co-accused Om Kumar in police custody which does not have any evidentiary value in the eye of law. 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 Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Malsalami P.S. Case No. 392 of 2022 corresponding to P.T. No. 1444 of 2022, subject to the conditions as laid down under Section 438

(2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T