← Library
Patna High CourtCR. MISC./14930/2017disposed

Draupdi Devi v. The State Of Bihar

2017-04-07Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14930 of 2017 Arising Out of PS.Case No. -2 Year- 2017 Thana -GOVERNMENT OFFICIAL COMP. DistrictVAISHALI(HAJIPUR) ======================================================

1. Draupdi Devi W/o Baijnath Thakur @ Baidyanath Thakur R/o Village - Bathna Mahadik, P.S. - Garaul, Kathara O.P., District - Vaishali. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Smt.. Rina Sinha For the Opposite Party/s : Mr. Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-04-2017 The petitioner is apprehending his arrest in connection with C2A No. 02/2017, registered for offences punishable under Sections 30(a) and 35 (a) of Bihar Excise Act, 2016. It has been submitted on behalf of the petitioner that in this case only recovery of 1.5 litres of foreign liquor has been made for which petitioner and her husband has been made accused and further there is delay in sending the prosecution report to the court concerned also.

Heard learned A.P.P. also.

Having heard both sides, in view of Section 76(2) of Bihar Excise Act, I am not inclined to grant the petitioner privilege of anticipatory bail, it is accordingly rejected. let petitioner surrender before the Court below and pray

Patna High Court Cr.Misc. No.14930 of 2017 (2) dt.07-04-2017 2/2 for regular bail and if any such application is filed, the court below after considering the fact that recovery in this case is only 1.5 litres of foreign liquor and also considering that petitioner is lady, shall pass an appropriate order, if possible, on the same day. With the above observation, this application is disposed of.

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