Rita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20220 of 2019 Arising Out of PS. Case No.-548 Year-2018 Thana- LAHERIYASARAI District- Darbhanga ====================================================== Rita Devi, W/o Umesh Mahto, R/o Village/Mohalla- Ward No. 27, Alalpatti, P.S.- Laheriasarai (Benta O.P.), District- Darbhanga (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinay Kumar Mishra For the Opposite Party/s :

Mr. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 12-04-2019 Heard learned Counsels for the petitioner and learned APP for the State.

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

The prosecution case is that about 32.640 litres of nepali Liquor and Indian Made Foreign iquor were recovered, from the house of the petitioner and the husband of the petitioner was apprehended from the spot.

It is submitted by learned counsel for the petitioner the recovery has been made from the joint family house of the petitioner. A statement has been made in paragraph no. 3 of the petition that the petitioner is not having any criminal antecedent. It is submitted by learned APP for the State that the

Patna High Court CR. MISC. No.20220 of 2019(2) dt.12-04-2019 2/2 recovery has been made from the house of the petitioner and the husband of the petitioner has been apprehended on the spot. Considering the fact that recovery has been made from the joint family house of the petitioner, this Court is not inclined to grant privilege of anticipatory bail to the petitioner in connection with G.O. Case No.1007 of 2018 arising out of Laheriasarai (Benta O.P.) P.S. Case No.548 of 2018 pending in the Court of learned 5th Additional District Judge-cumSpecial Judge (Excise), Darbhanga. However, it is a case for consideration of regular bail of the petitioner by the learned Court below, if he surrenders before the learned Court below, within a period of six weeks. (Dinesh Kumar Singh, J) Deepak/Rahul/- U T