Nirmala Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2653 of 2020 Arising Out of PS. Case No.-900 Year-2019 Thana- BETTIAH CITY District- West Champaran ====================================================== Nirmala Devi, Wife of Late Biswas Ram Resident of Village - Ambedkar Nagar, Baswariya, P.S. - Bettiah Town, District - West Champaran. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjeev Kumar For the Opposite Party/s :
Mr. Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-02-2020 Heard learned counsels for the petitioner and the State.
The petitioner is apprehending arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
It is alleged that from the house of the petitioner, 12 litres of country made liquor were recovered.
It is submitted by learned counsel for the petitioner that the petitioner was not residing in the house in question and maliciously he has been roped in the present case. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent. Learned APP submits that recovery has been made from
Patna High Court CR. MISC. No.2653 of 2020(2) dt.28-02-2020 2/2 the house of the petitioner.
Considering the nature of recovery, this Court is not inclined to grant privilege of anticipatory bail to the petitioner. Accordingly, his prayer for anticipatory bail is rejected. However, learned Court below may consider the prayer for regular bail of the petitioner if he surrenders within a period of six weeks in connection with Bettiah Town P.S. Case No. 900 of 2019, pending in the Court of learned Special Judge, Excise, Bettiah, West Champaran.
Accordingly, the present application is disposed of. (Dinesh Kumar Singh, J) Amrendra/- U T