Roshni Devi @ Anupam Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26604 of 2020 Arising Out of PS. Case No.-332 Year-2019 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== ROSHNI DEVI @ ANUPAM KUMARI Wife of Lakhpati Singh Resident of Village - Mohanpur, P.S.- Muffasil, District - Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Braj Bhushan Poddar For the Opposite Party/s :

Mr.Binod Kumar 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-11-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending her arrest in a case registered under Sections 120(B), 414/34 of the Indian Penal Code and 30(a), 32, 27, 41(1) of Bihar Prohibition and Excise Act, 2016.

Patna High Court CR. MISC. No.26604 of 2020(2) dt.05-11-2020 2/3 Prosecution case, in short, is that 90 liters of liquor is recovered.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner is not named in the F.I.R. His name has come in course of investigation. It is alleged that 90 liters of liquor is recovered from the car. The petitioner is said to be the owner of the car in question. The petitioner had no knowledge regarding the goods kept in the car. There is no recovery of any incriminating article from the conscious possession of the petitioner. There is no compliance of Section 100 of Cr.P.C. On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge 2nd-cum-Special Judge, Excise Act, Begusarai in

Patna High Court CR. MISC. No.26604 of 2020(2) dt.05-11-2020 3/3 connection with Sahebpur Kamal P.S. case No.332 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T