Gayatri Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15961 of 2019 Arising Out of PS. Case No.-205 Year-2018 Thana- PATAHI District- East Champaran ====================================================== GAYATRI DEVI Wife of Rudal Sahani Resident of Village-Mishra Tola Bokane, P.S-Patahi Dist.-East Champaran ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Umesh Chandra Verma For the Opposite Party/s :
Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-05-2019 This application, for grant of anticipatory bail, arises out of Patahi P.S. Case No. 205 of 2018, disclosing offences under Sections 188, 272, 273, 290 and 34 of the Indian Penal Code and Section 30(a), 34, 36 and 38 of the Bihar Prohibition of Excise Act, 2016.
Allegation is of recovery of 4 litres of liquor from the co-accused, who disclosed the name of petitioner, who succeeded in fleeing away.
Submission of learned counsel for the petitioner is that save and except confessional statement of co-accused, there is nothing against the petitioner. No recovery has been made either from the possession or from the house of the petitioner. Learned counsel for the State opposed the prayer for bail and submitted that there is recovery from the Bathan of the
Patna High Court CR. MISC. No.15961 of 2019(3) dt.02-05-2019 2/2 petitioner and apart from that she is accused in one more case. Having heard both sides, considering the facts and circumstances of the case, I am not inclined to grant the privilege of anticipatory bail to the petitioner rather petitioner should surrender before the court below and make prayer for regular bail and if any such application is filed, the court below will dispose of the same on the merit of the case, if possible on same day, without being prejudiced by this order. This application is, accordingly, dismissed (Vinod Kumar Sinha, J) sunilkumar/- U T