Sunaina Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10481 of 2019 Arising Out of PS. Case No.-66 Year-2018 Thana- BHANGHA District- West Champaran ====================================================== SUNAINA DEVI, aged about 30 years, female, Wife of Harendra Raura @ Harindra Raura Resident of Village - Rampur, P.S.-Bhangaha, Dist.-West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Renuka Ratnakar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-02-2019 Heard both sides.

The petitioner apprehends her arrest in Bhangaha P.S. Case No.66 of 2018 registered under Section 30(a) of Bihar Prohibition and Excise Act.

The informant, a police officer, got secret information that Harindra Raura is indulged in large scale of illegal trade of liquor on such, the house of Harindra Raura was raided and searched. 40 liters of country made liquor was recovered. Harindra Raura and his wife managed to flee away. The learned counsel for the petitioner submits that A.S.I. of police is not competent to make raid in connection with Excise case. Petitioner is the wife of Harindra Raura and if the husband of the petitioner had kept country made liquor in

Patna High Court Cr.Misc. No.10481 of 2019(2) dt.21-02-2019 2/2 the house, the petitioner cannot be held responsible. Taking into consideration the fact that police got information about Harindra Raura who had kept liquor in his house and petitioner is the wife of Harindra Raura and there is no information about the fact that the petitioner being the lady is involved in illegal trade of liquor, let the petitioner, above named, in the event of her arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Bettiah, West Champaran in connection with Bhangaha P.S. Case No.66 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) Saurabh/- U T