Kanchan Devi @ Ghorawali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68655 of 2022 Arising Out of PS. Case No.-450 Year-2022 Thana- MALSALAMI District- Patna ====================================================== KANCHAN DEVI @ GHORAWALI Wife of Late Prakash Rai @ Prakash Gope R/o- Mansurganj Mushahari, P.S.- Malsalami District- 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. Manoj Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-12-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 30(a), 36 and 37 of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner has antecedent of three cases and is a women and allegation is of recovery of 25 liters of Mahua liquor was recovered from a place near the petitioner's house. Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession, it is next submitted that even alleged recovery is from a place which does not belong to the petitioner and she came to be implicated based

Patna High Court CR. MISC. No.68655 of 2022(2) dt.13-12-2022 2/2 on the confessional statement of her son in police custody which does not have any evidentiary value and also came to be implicated because of her antecedents.

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 his 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. 20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Malsalami P.S. Case No. 450 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) HarshPandey/- U T