Allowed¶22

Kanchan Devi v. the State of Bihar

Patna HC26 Feb 2024CR. MISC./12544/2024

Case brief

AI extract

What is this about?

Patna High Court, CR. MISC. No.12544 of 2024 (decided 26-02-2024), Rudra Prakash Mishra, J.: bail allowed to Kanchan Devi in Excise P.S. Case No. 790C2 of 2023 (Dist. Lakhisarai) under Section 30(a) Bihar Prohibition and Excise Act; 14 liters liquor recovered; custody since 24.09.2023; one antecedent; S. 100 Cr.P.C. compliance raised; bail bonds Rs. 10,000/- plus two sureties of like amount.

What did the court decide?

Bail granted: petitioner to be released on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the Court below/concerned Court in connection with Excise P.S. Case No. 790C2 of 2023. ¶22

Kanchan Devi Vs the State of Bihar — Patna HC (2024) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.12544 of 2024

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Arising Out of PS. Case No.-790 Year-2023 Thana- Excise P.S. District- Lakhisarai

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

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Kanchan Devi W/O Bhushan Manjhi R/O Village- Madanpur Musahari, P.SKajra, Distt.- Lakhisarai.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Bijendra Kumar, Advocate For the Opposite Party/s : Mr. Asha Devi, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

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ORAL ORDER

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2 26-02-2024

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Heard learned counsel for the petitioner and learned

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APP for the State.

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The petitioner seeks bail in Excise P.S. Case No. 790C2 of 2023 of, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

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The prosecution case, in short, is that, 14 liters liquor was recovered.

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Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is further submitted that the place of occurrence is outside of her house which is a public

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Patna High Court CR. MISC. No.12544 of 2024(2) dt.26-02-2024 2/2

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land. The petitioner is in custody since 24.09.2023 and has got one criminal antecedent in which the petitioner is on bail. There is no compliance of Section 100 of Cr.P.C.

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Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

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Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

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Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Excise P.S. Case No. 790C2 of 2023.

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(Rudra Prakash Mishra, J)

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Rajorshi/-

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U T

Kanchan Devi v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Kanchan Devi v. the State of Bihar

Case brief

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