Anita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20220 of 2020 Arising Out of PS. Case No.-265 Year-2017 Thana- MAGADH MEDICAL COLLEGE District- Gaya ====================================================== Anita Devi aged about 31 yrs, W/O of Shyamsundar Mandal@ Shyam Sundar Manjhi, resident of village- Tetariya, P.S- Cherki, Dist- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinod Kumar For the Opposite Party/s :

Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 20-08-2020 Heard learned counsel appearing for the petitioner as well as learned counsel for the State through video conferencing.

Petitioner apprehends her arrest in connection with Magadh Medical P.S.Case No. 265/17 registered for the offences punishable under sections 30(a)(c),38(1)(2) of the Bihar Prohibition and Excise Act 2016.

Country made liquor and Mahua liquor are said to have been recovered from the house of the petitioner. The first information report discloses the offence punishable under Bihar Prohibition and Excise Act 2016 and, therefore, in my view, this petition filed under section 438 of the Cr.P.C is not maintainable.

Patna High Court CR. MISC. No.20220 of 2020(2) dt.20-08-2020 2/2 Accordingly, this petition stands dismissed being not maintainable.

However, this order shall not cause any prejudice to the concerned court at the time of regular bail application of the petitioner.

(Hemant Kumar Srivastava, J) N.K/- U T