Subhanti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10452 of 2022 Arising Out of PS. Case No.-540 Year-2021 Thana- DUMRAO District- Buxar ====================================================== SUBHANTI DEVI Wife of Late Dashrath Yadav Resident of Banjhu Dera, P.S.- Dumraon, District- Buxar, at present Address- Aydhya Lal Ki Gali, Ward No. 11, P.S.- Dumraon, District- Buxar.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar Singh, Advocate For the Opposite Party/s :

Mr.Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-03-2022 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioner is apprehending her arrest in a case registered under Sections 30(a), 30(c), 30(d) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 40 liters wine is recovered.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent and there is no allegation of tampering of witnesses alleged against the

Patna High Court CR. MISC. No.10452 of 2022(2) dt.11-03-2022 2/3 petitioner. The petitioner has falsely been implicated in this case. The name of the petitioner has transpired in this case on the basis of secret information as per F.I.R. The source and genuineness of the secret information has not been disclosed by the prosecution. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 40 liters wine is recovered from the scorpio. The petitioner is not the owner of the scorpio in question. The petitioner had no knowledge regarding the alleged incident. Nothing incriminating has been recovered from the conscious possession of the petitioner. There is no compliance of Section 100 Cr.P.C.

On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R. Considering the facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Special Judge Excise 1st, Buxar in connection with Dumraon P.S. case No.540/2021, subject to the conditions as laid down

Patna High Court CR. MISC. No.10452 of 2022(2) dt.11-03-2022 3/3 under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T