Soni Devi @ Sonia Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13107 of 2019 Arising Out of PS. Case No.-473 Year-2018 Thana- FALKA District- Katihar ====================================================== Soni Devi @ Sonia Devi Wife of Baidhnath Ram Resident of Pothia Bajar, P.S.- Falka (Pothia), Distt - Katihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Singh For the Opposite Party/s :

Mr.Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-03-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 30 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 petitioner. The name of the petitioner has transpired in the present case as the petitioner is the owner of the Hotel. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 30

Patna High Court CR. MISC. No.13107 of 2019(2) dt.06-03-2019 2/2 liters wine is recovered from the Hotel in question. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner had no knowledge regarding the alleged incident. 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 F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J. II-cumSpecial Judge, Katihar in connection with Falka (Pothia) P.S. case No.473 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T