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Bachchi Kunwar Vs the State of Bihar — Anticipatory Bail | Patna HC (2024)

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Patna HC
2024
Bachchi Kunwar Vs the State of BiharBachchi Kunwar v. the State of Bihar

Allowed¶6

Bachchi Kunwar v. the State of Bihar

Patna HC1 Apr 2024CR. MISC./22974/2024

Case brief

AI extract

What is this about?

Bachchi Kunwar v. State of Bihar; Patna High Court; CRIMINAL MISCELLANEOUS No.22974 of 2024; decision 01-04-2024; Judge Satyavrat Verma (single judge, oral order); anticipatory bail granted; Bihar Excise Act Section 30(a); Janta Bazar P.S. Case No. 212 of 2023, District Saran; 15 liters of liquor allegedly recovered from bush behind petitioner's house; recovery from public-accessible place not belonging to petitioner; informant names not disclosed in FIR; clean antecedents; woman applicant; bail bond Rs. 1,000 with two sureties of like amount; Section 438(2) Cr.P.C. conditions; surrender within six weeks. Counsel: Sanjay Kumar Singh (petitioner); Umesh Lal Verma, A.P.P. (State).

What did the court decide?

Anticipatory bail granted: petitioner to be released on furnishing bail bonds of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount, upon arrest or surrender within six weeks, subject to the conditions under Section 438(2) Cr.P.C., in connection with Janta Bazar P.S. Case No. 212 of 2023.

Why is it important?

Considering the submissions of the petitioner's counsel, the petitioner, in the event of her arrest or surrender before the learned trial court within six weeks, is to be released on anticipatory bail upon furnishing bail bonds of Rs. 1,000/- with two sureties of the like amount, subject to the conditions laid down under Section 438(2) of the Cr.P.C., in connection with Janta Bazar P.S. Case No. 212 of 2023. ¶6

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner to be released on furnishing bail bonds of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount, upon arrest or surrender within six weeks, subject to the conditions under Section 438(2) Cr.P.C., in connection with Janta Bazar P.S. Case No. 212 of 2023.

Issue for consideration

Whether anticipatory bail should be granted to the petitioner Bachchi Kunwar, who apprehends arrest in connection with Janta Bazar P.S. Case No. 212 of 2023 registered for offences punishable under Section 30(a) of the Bihar Excise Act.

Court's answer

Considering the submissions of the petitioner's counsel, the petitioner, in the event of her arrest or surrender before the learned trial court within six weeks, is to be released on anticipatory bail upon furnishing bail bonds of Rs. 1,000/- with two sureties of the like amount, subject to the conditions laid down under Section 438(2) of the Cr.P.C., in connection with Janta Bazar P.S. Case No. 212 of 2023.

Detailed headnote1 paragraphs

Anticipatory bail – Patna High Court, Coram: Satyavrat Verma, J. (Oral Order dt. 01-04-2024) – Woman petitioner apprehending arrest in Janta Bazar P.S. Case No. 212 of 2023 (Distt. Saran) for offence under Section 30(a) of the Bihar Excise Act, alleged recovery of 15 litres of liquor from a bush behind her house – Counsel contended petitioner was not apprehended from the spot, alleged recovery was from a place accessible to the public at large and not belonging to her, and the names of persons who informed against her were not disclosed in the FIR – Application allowed: petitioner to be released on anticipatory bail on arrest/surrender within six weeks on bail bonds of Rs. 1,000/- with two like sureties, subject to Section 438(2) Cr.P.C. conditions. CRIMINAL MISCELLANEOUS No.22974 of 2024.

A

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.22974 of 2024

Arising Out of PS. Case No.-212 Year-2023 Thana- JANTA BAZAR District- Saran

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

BACHCHI KUNWAR W/O LATE SURESH RAUT R/O VILLAGEKHURD LAUWAN, P.S- JANTA BAZAR, DISTT.- SARAN.

... ... Petitioner/s

Versus

THE STATE OF BIHAR

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sanjay Kumar Singh, Advocate For the Opposite Party/s : Mr. Umesh Lal Verma, A.P.P. ======================================================

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

2 01-04-2024

Heard learned counsel for the petitioner and learned APP for the State.

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

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 15 liters of liquor from a bush behind the house of the petitioner.

Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from her conscious possession and even the alleged recovery is from a place which is accessible to public at large and does not belong to the petitioner and she came to be implicated in the instant case based on suspicion by local people

Patna High Court CR. MISC. No.22974 of 2024(2) dt.01-04-2024 2/2

on the ground that alleged recovery was from a place which is adjacent to her house. It is further submitted that the police in mechanical manner implicates either at the instant of Chowkidar or the local people but then the name of the people who disclosed the name of the petitioner is not disclosed in the FIR which casts an aspersion on the case of the prosecution.

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 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 to the satisfaction of the learned trial court where the case is pending/successor court in connection with Janta Bazar P.S. Case No. 212 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J)

Rishabh/-

U T

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether anticipatory bail should be granted to the petitioner Bachchi Kunwar, who apprehends arrest in connection with Janta Bazar P.S. Case No. 212 of 2023 registered for offences punishable under Section 30(a) of the Bihar Excise Act.¶2
The court held
Considering the submissions of the petitioner's counsel, the petitioner, in the event of her arrest or surrender before the learned trial court within six weeks, is to be released on anticipatory bail upon furnishing bail bonds of Rs. 1,000/- with two sureties of the like amount, subject to the conditions laid down under Section 438(2) of the Cr.P.C., in connection with Janta Bazar P.S. Case No. 212 of 2023.ratio¶6

Statutes considered

2 provisions across 2 enactments

AI extract

Bihar Excise Act30(a)¶2
Cr.P.C.438 (2)¶6

Procedural history

How this case reached the court

AI extract

Prior proceeding
FIR/PS Case registered as Janta Bazar P.S. Case No. 212 of 2023, Police Station Janta Bazar, District Saran.¶cause-title
Prior proceeding
Petitioner apprehends arrest in the said case registered for offences punishable under Section 30(a) of the Bihar Excise Act; she filed the present application for anticipatory bail before the High Court.¶2

Parties & counsel

AI extract

petitioner
Bachchi Kunwar W/o Late Suresh Raut¶caption
Sanjay Kumar Singh
respondent
The State of Bihar¶caption
Umesh Lal Verma

Coram

AI extract

Satyavrat Vermaauthor¶coram-line

Case details

As recorded by the court registry

Court: Patna HC
Decided on: 1 Apr 2024 · April
Registered: 15 Mar 2024
Case no.: CR. MISC./22974/2024
CNR: BRHC010195052024
Topic: Anticipatory Bail
Bench: Satyavrat Verma
Disposal: BAIL GRANTED
Case type: CRIMINAL MISCELLANEOUS

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Cite this judgement

Bachchi Kunwar v. the State of Bihar, CR. MISC./22974/2024 (PAT), decided on 1 April 2024.

The Patna High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes2

Bihar Excise Act30(a)
Cr.P.C.438 (2)

View all statutes

Procedural history2

FIR/PS Case registered as Janta Bazar P.S. Case No. 212 of 2023, Police Station Janta Bazar, District Saran.
Petitioner apprehends arrest in the said case registered for offences punishable under Section 30(a) of the Bihar Excise Act; she filed the present application for anticipatory bail before the High Court.

View full history

Bench / Coram

Satyavrat Verma

Parties & counsel