Rekha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17353 of 2020 Arising Out of PS. Case No.-19 Year-2020 Thana- FALKA District- Katihar ====================================================== Rekha Devi, D/o Motilal Rishi, Female, aged about 38 years, Resident of Village - Gaya Rahika, Musahri, Colony, P.S.- Falka, District- Katihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Prasad For the Opposite Party/s :

Mr. Dr.Mrityunjaya Kumar Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 12-06-2020 Heard Mr. Umesh Prasad, learned counsel for the petitioner and Dr. Mritunjay Kumar Gautam, learned Additional Public Prosecutor appearing for the State through video conferencing.

The petitioner apprehends her arrest in connection with Falka P.S. Case No. 19 of 2020 corresponding to G.R. No. 372 of 2020 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The allegation against the petitioner is that Police raided the house of the petitioner and recovered a total quantity of 03 liters of illicit country made liquor.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case inasmuch as there was no mechanism before the Police to ascertain that the petitioner is the owner of the house in question. Learned counsel further submits that petitioner has got no criminal antecedent. Having regard to the submission made by the parties

Patna High Court CR. MISC. No.17353 of 2020(2) dt.12-06-2020 2/2 and taking into consideration the fact that from perusal of the First Information Report and seizure list it is evident that illicit liquor has been recovered from the house of the petitioner, in view of the Full Bench decision of this Court passed in Cr. Appeal (SJ) No. 431 of 2019 ( Ram Vinay Yadav v. The State of Bihar), I am not inclined to exercise my discretion for grant of anticipatory bail and the same is rejected. However, if the petitioner surrenders within a period of six weeks from today and seeks regular bail, the same will be considered by the learned court below on the same date without being prejudiced to the fact that the present application has been rejected by this court and also taking into consideration the fact that small quantity of liquor has been recovered and the petitioner is a lady.

This application is accordingly disposed of.

(Anil Kumar Sinha, J) praful/- U T