Allowed

Usha Devi v. The State of Bihar

Patna HC22 Mar 2024CR. MISC./19738/2024

Case brief

AI extract

What is this about?

Anticipatory bail under the Bihar Excise Act for recovery of 30 liters of liquor alleged near petitioner's house. Court noted she was a woman with clean antecedents and not arrested at the spot, and granted anticipatory bail subject to Cr.P.C. Section 438(2) conditions.

What did the court decide?

Anticipatory bail granted on furnishing bail bonds of Rs. 1,000 with two sureties of like amount, within six weeks, subject to Section 438(2) Cr.P.C. conditions.

Usha Devi Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2024)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.19738 of 2024

¶2

Arising Out of PS. Case No.-35 Year-2024 Thana- RAHUI District- Nalanda

¶3

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

¶4

Usha Devi wife of Late Babulal Chaudhary Village- sherpur PS- Rahui District- Nalanda

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

¶9

====================================================== Appearance : For the Petitioner/s : Mr. Raj Kishor Prasad For the Opposite Party/s : Mr. Bishweshwar Ram ======================================================

¶10

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

¶11

2 22-03-2024

¶12

Heard learned counsel for the petitioner and learned A.P.P. for the State.

¶13

The petitioner apprehends her arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

¶14

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and is a woman and allegation is of recovery of 30 liters of liquor from a place near the house of the petitioner.

¶15

Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from her conscious possession and even the alleged recovery is from a place which does not belong to the petitioner and she came to be implicated at the instance of the Chowkidar based on suspicion for the reason that the recovery was from a place which is adjacent to her house. It is also submitted that in

¶16

Patna High Court CR. MISC. No.19738 of 2024(2) dt.22-03-2024 2/2

¶17

majority of the case, the police is implicating innocent persons either at the instance of Chowkidar or local people but then if the Chowkidar was aware that the liquor belonged to the petitioner then why he did not inform the police earlier to institution of the FIR, which casts as aspersion on the case of the prosecution.

¶18

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

¶19

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of her 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. 1,000/- (Rupees One Thousand) 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 Rahui P.S. Case No. 35 of 2024 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

¶20

(Satyavrat Verma, J)

¶21

Rishabh/-

¶22

U T

Usha Devi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Usha Devi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Anil Kumar @ Gorakh Vs The State of Bihar

Harendra Singh Vs The State of Bihar

Vikash Kumar @ Sanjay Kumar Vs The State of Bihar

Pawan Kumar @ Pawan Mandal Vs The State of Bihar

Sujit Kumar Vs The State of Bihar

Indu Devi Vs the State of Bihar