Kajal Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69809 of 2024 Arising Out of PS. Case No.-181 Year-2024 Thana- CHANPATIA District- West Champaran ====================================================== Kajal Devi W/O Santosh Singh Resident of Village- Pokhariya Rai, P.S.- Chanpatiya, District -West Champaran, Bihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mayank Mohan For the Opposite Party/s :

Mr.Kanhiya Kishor ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 26-09-2024

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

2. 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.

3. The 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 16.74 litres of liquor from the house of Sunil Singh.

4. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from her conscious possession and even alleged recovery is from a place, which does not

Patna High Court CR. MISC. No.69809 of 2024(2) dt.26-09-2024 2/3 belong to the petitioner and she came to be implicated based on confessional statement of apprehended accused in police custody, which does not have any evidentiary value.

5. Learned A.P.P. opposes the anticipatory bail application.

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 Court below within a period of six weeks, is directed to be released on bail on her furnishing bail-bonds in the sum of Rs.500/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court-1, Bettiah, West Champaran in connection with Chanpatiya P. S. Case No.181 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

8. It is made clear that 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 one case, in

Patna High Court CR. MISC. No.69809 of 2024(2) dt.26-09-2024 3/3 that event, the present anticipatory bail order shall not be given effect to.

(Satyavrat Verma, J) vikash/- U T