Sunita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7230 of 2017 Arising Out of PS.Case No. -2 Year- 2017 Thana -GOVT. OFFICIAL COMPLAINT CASE DistrictSEKHPURA ====================================================== Sunita Devi, Wife of Late Yatindra Kumar @ Maltu Singh, Resident of Village- Babanbigha, Police Station- Barbigha, District- Sheikhpura. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bipin Kumar, Adv. For the Opposite Party/s : Mr. Asharaf Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-02-2017 Heard the parties.

The petitioner apprehends her arrest in Case No.02C2 of 2017 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. It has been submitted on behalf of the petitioner that nothing has been recovered from the conscious possession of the petitioner, rather it has been recovered from the rented house of the petitioner. She is a lady.

Heard learned APP also.

Having heard both sides. In view of Section 76(2) of the Bihar Prohibition and Excise Act, 2016, this application is not maintainable and, as such, let the petitioner, above named, surrender in the court below within a period of four weeks and

Patna High Court Cr.Misc. No.7230 of 2017 (2) dt.20-02-2017 make prayer for regular bail which shall be considered on its own merit and also after considering the materials available on the record as well the above submissions advanced by the learned counsel for the petitioner, the learned court below shall dispose of the prayer for bail of the petitioner, preferably on very same day, without being prejudiced by this order.

With the above observation, this application is disposed of.

(Vinod Kumar Sinha, J) Arvind/- U T