Petitioner apprehending arrest in an excise prohibition case, with alleged recovery from a co-accused's cattle house and no criminal antecedent, was granted bail subject to conditions under Section 438(2) CrPC.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.7947 of 2023
Arising Out of PS. Case No.-328 Year-2022 Thana- BAISI District- Purnia
======================================================
MANJU DEVI @ SANJO DEVI W/O RAM VILAS MANDAL R/OHATHGACHI, P.S.- BAISI, DISTRICT- PURNEA
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Vikram Singh For the Opposite Party/s : Mr.Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER
2 05-05-2023
Heard learned counsels for the petitioner and the
State.
Petitioner apprehends arrest in connection with Baisi P.S. Case No. 328 of 2022 registered for the offence punishable under Section 30(A) of the Bihar Prohibition and Excise Act.
Learned counsel appearing for the petitioner submits that petitioner has been falsely implicated in this case. Nothing has been recovered from the conscious possession of this petitioner. The alleged recovery has been made from the cattle house of accused Ram Bilas Mandal. Petitioner has no concern with the seized article. Petitioner has no criminal antecedent.
Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, let the petitioner, above named, be released on bail on furnishing
Patna High Court CR. MISC. No.7947 of 2023(2) dt.05-05-2023 2/2
personal bond to the satisfaction of Exclusive Special Excise Judge, Court No. I, Purnea in connection with Baisi P.S. Case No. 328 of 2022 subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.
(Arvind Srivastava, J)
mcv/-
U T
1 issue framed by the court
Whether the petitioner apprehending arrest under Section 30(A) of the Bihar Prohibition and Excise Act should be released on bail.
2 provisions across 2 enactments
Manju Devi @ Sanjo Devi
The State of Bihar
Arvind Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
