Patna High CourtCR. MISC./37170/2016rejected

Aruna Devi v. The State Of Bihar

2016-09-20Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37170 of 2016 Arising Out of PS.Case No. -57 Year- 2016 Thana -PIRI BAZAR District- LAKHISARAI ======================================================

1. Aruna Devi Daughter of Bisundeo Saw, Resident of Village- Piri Bazar, Police Station- Piri Bazar, District- Lakhisarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dharmendra Kumar Raju For the Opposite Party/s : Mr. Sri Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 20-09-2016 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Piri Bazar Police Station Case No. 57 of 2016, disclosing offences under Sections 272/273 of the Indian Penal Code and Section 47 (i) and 57 (i) of the Bihar Excise Amendment Act, 2016.

From the First Information Report, it appears that from the petitioner's house, 10 litres of country made liquor was recovered by the Police Officials in course of a raid, conducted by them. The raid was conducted after having received a secret information that the petitioner was running business of sale of country made liquor. Learned Counsel for the petitioner has

Patna High Court Cr.Misc. No.37170 of 2016 (2) dt.20-09-2016 2/2 submitted that she is a lady and for the first time, she has been implicated in a case under the provisions of Bihar Excise Act.

However, considering the fact that from the house of the petitioner, illicit country made liquor was recovered, I am not inclined to grant the petitioner privilege of anticipatory bail.

This application for anticipatory bail is, hereby, rejected.

The petitioner, Aruna Devi, is directed to surrender before the Court below within a period of four weeks from today and seek regular bail, if so advised. If she does so, her application for regular bail shall be considered by the learned Court below on its own merit without being prejudiced by rejection of present application for grant of anticipatory bail.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √