Basanti Devi @ Sunaina Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67388 of 2022 Arising Out of PS. Case No.-542 Year-2022 Thana- WARISLIGANJ District- Nawada ====================================================== 1.

Basanti Devi @ Sunaina Devi W/o Krishna Chaudhary R/o VillageMoiuddinpur, P.S.- Warsaliganj, Distt- Nawada. 2.

Geeta Devi W/o Bipin Chaudhary R/o Village- Moiuddinpur, P.S.- Warsaliganj, Distt- Nawada.

3.

Krishna Chaudhary S/o Late Baso Chaudhary R/o Village- Moiuddinpur, P.S.- Warsaliganj, Distt- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 09-12-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State through virtual Court proceedings. Learned counsel for the petitioners seeks permission to withdraw the present anticipatory bail application with respect to petitioner no.3.

Permission is accorded.

The petitioner nos. 1 and 2 apprehend their arrest in a case registered for the offences punishable under Sections 30(a), 30(c), 37(c) and 41 of the Bihar Excise Act.

Learned counsel for the petitioners submits that petitioners are women having clean antecedent and allegation is of recovery of 20 litres liquor from the house of Bipin Kumar, 15 litres fermented mahua in 20 gallons which was destroyed at the spot and 250 ml liquor was recovered from one Mahesh

Patna High Court CR. MISC. No.67388 of 2022(2) dt.09-12-2022 2/2 Chaudhary.

Learned counsel for the petitioners submits that petitioners were not apprehended from the spot as such nothing was recovered from their conscious possession and they came to be implicated based on the confessional statement of Mahesh Chaudhary in police custody which does not have any evidentiary value, it is also submitted that the alleged house from where the recovery is said to have been made does not belong to the petitioners.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions made by the learned counsel for the petitioners, the petitioner nos. 1 and 2, in the event of their 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. 1,000/- (Rupees One Thousand) each 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 Warisaliganj P.S. Case No. 542 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Rishi/- U T