Allowed

Kanchan Devi v. the State of Bihar

Patna HC9 Nov 2023CR. MISC./73997/2023

Case brief

AI extract

What is this about?

High Court granted anticipatory bail to three petitioners in an FIR under the Bihar Prohibition and Excise Act. Petitioners were accused in connection with recovery of liquor from a vehicle near their residence. The Court observed non-recovery from their possession and clean antecedents.

What did the court decide?

Petitioners granted anticipatory bail to be released on ₹10,000 bail bond with two sureties of like amount each upon arrest or surrender within 30 days.

Kanchan Devi Vs the State of Bihar — Anticipatory Bail | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.73997 of 2023

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Arising Out of PS. Case No.-556 Year-2023 Thana- SUPAUL District- Supaul

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======================================================

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Kanchan Devi W/O Baiju Mehta R/O Village- Amha, Ward No. 06, P.SSupaul (LAUKAHA O.P), Distt.- Supaul.

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Anupam Devi @ Anupam Kumari W/O Bamshankar @ Bambam Mehta R/O Village- Amha, Ward No. 06, P.S- Supaul (LAUKAHA O.P), Distt.Supaul.

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Anita Devi W/O Abhimanyu Kumar R/O Village- Amha, Ward No. 06, P.SSupaul (LAUKAHA O.P), Distt.- Supaul.

... ... Petitioner/s

Versus

The State Of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Ranjay Kumar Singh, Advocate For the Opposite Party/s : Mr. Mukesh Kumar Singh, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA

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ORAL ORDER

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2 09-11-2023 Heard Mr. Ranjay Kumar Singh, learned counsel for the petitioners and Mr. Mukesh Kumar Singh, learned Additional Public Prosecutor for the State.

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The petitioners are apprehending their arrest in connection with Supaul (Laukaha O.P.) P.S. Case No. 556 of 2023, F.I.R dated 07.07.2023 registered for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act.

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Recovery is of 86.400 liters of different brand of

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liquor.

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Learned counsel for the petitioners submits that

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Patna High Court CR. MISC. No.73997 of 2023(2) dt.09-11-2023 2/4

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the petitioners have clean antecedent and they have falsely been implicated in the present case merely on the ground that the husband of the petitioners are also made accused in the present occurrence. He further submits that it appears from the F.I.R that altogether 86.400 liters of liquor of different brand from the vehicle in question which was standing near the house of the petitioners and the petitioners are neither the owner nor the driver of the said vehicle in question. He further submits that the petitioners have no concern at all with the alleged recovery of the illicit liquor. There is non-compliance with mandatory procedure prescribed for recovery under Section 100 of Cr.P.C. No case, whatsoever, would be made out against the petitioners under the Bihar Prohibition and Excise Act.

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The learned Additional Public Prosecutor has vehemently opposed the prayer for anticipatory bail of the petitioners referring the provision contained in Section 76(2) of the Bihar Prohibition and Excise Act and submitted that the pre-arrest bail would not be maintainable.

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Ttheir court is aware of the decision of the Full

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Bench in the case of Ram Vinay Yadav vs. State of Bihar reported in 2019(2) P.L.J.R. 1089 . Having regard to the law laid down in the aforesaid judgment and the submission advanced on

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Patna High Court CR. MISC. No.73997 of 2023(2) dt.09-11-2023 3/4

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behalf of the parties, ttheir Court, for the limited purpose of grant of anticipatory bail, is inclined to accept the submission of counsel for the petitioner.

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Considering the aforesaid facts, nothing has been recovered from conscious possession of the petitioners and the petitioners have clean antecedent, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Special Judge Excise, Court No. 1, Supaul in connection with Supaul (Laukaha O.P.) P.S. Case No. 556 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and with other following conditions:-

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Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below.

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If the petitioners tampers with the evidence or

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Patna High Court CR. MISC. No.73997 of 2023(2) dt.09-11-2023 4/4

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the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

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And further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

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(Rajesh Kumar Verma, J)

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Vanisha/-

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U T

Kanchan Devi v. the State of Bihar

Case brief

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Kanchan Devi v. the State of Bihar

Case brief

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