Rekha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17836 of 2020 Arising Out of PS. Case No.-62 Year-2020 Thana- BARACHATTI District- Gaya ====================================================== Rekha Devi Wife of Jivanlal Choudhary Resident of Village - Pareya, P.S.- Barachatti, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Yadav, Advocate For the Opposite Party/s :

Mr.Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-06-2020 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner apprehends her arrest in Barachatti P.S. Case No. 62 of 2020, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

12 litres of country made liquor is said to have been recovered from a kachcha house situated behind the house of one Kaushalya Devi. Two persons fled away from the said place.

It is submitted that petitioner has falsely been

Patna High Court CR. MISC. No.17836 of 2020(2) dt.11-06-2020 2/2 implicated in this case. Nothing has been recovered from conscious possession of this petitioner and the house does not belong to petitioner. Recovery has been made near the house of Kaushalya Devi. The provision of section 100 Cr.P.C has not been followed. The petitioner claims clean antecedent. Considering the facts aforesaid, the petitioner abovenamed in the event of her arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Gaya in connection with Barachatti P.S. Case No. 62 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T