Rajesh Chaupal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67986 of 2022 Arising Out of PS. Case No.-95 Year-2022 Thana- SINGHWARA District- Darbhanga ====================================================== 1.

Rajesh Chaupal, Son Of Late. Ram Prasad Chaupal R/V- Katasa, P.SSinghwara, Dist- Darbhanga 2.

Pinki Devi, Wife Of Rajesh Chaupal R/V- Katasa, P.S- Singhwara, DistDarbhanga ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Iqbal Asif Niazi For the Opposite Party/s :

Mr. Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 09-12-2022 The learned counsel for the petitioners seeks permission to withdraw the present anticipatory bail application with respect to petitioner no.1 as he has been arrested.

Permission is accorded.

Accordingly, instant petitioner is dismissed as withdrawn with respect to petitioner no.1.

Heard learned counsel for the petitioner and learned APP for the State through video conferencing.

The petitioner no.2 seeks bail in anticipation of her arrest in a case registered for the offences punishable under Section 30(a) of the Excise Act, 2016.

The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and is a woman and the

Patna High Court CR. MISC. No.67986 of 2022(2) dt.09-12-2022 2/2 allegation is of recovery of 05 litres of liquor from the house of Rajesh Chaupal.

The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is next submitted that petitioner came to be implicated as she is wife of Rajesh Chaupal. It is also submitted that petitioner was completely unaware that her husband has kept liquor in the house without her knowledge. Learned A.P.P. opposes the bail application.

Considering the submissions made by the learned counsel for the petitioner, the petitioner no.2, above-named, 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 bailbonds in the sum of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Singhwara P. S. Case No.95 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