Savita Kumari @ Savita Rani Srivastava v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19384 of 2018 Arising Out of PS.Case No. -596 Year- 2017 Thana -PATRAKARNAGAR District- PATNA ======================================================

1. Savita Kumari @ Savita Rani Srivastava, W/o Pravin Kumar Sinha, R/o A/8, Sachivalaya colony, P.S. Patrakar Nagar, District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending her arrest in a case registered under Sections-30(a) (b), 38 & 41 of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 15 liters wine 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 name of the petitioner has transpired on the basis of disclosure made by the co-accused namely, Hari Shankar Kumar. Hari Shankar Kumar was in possession of the room in question. Except for this, there is no other substantive evidence to suggest the implication of

Patna High Court Cr.Misc. No.19384 of 2018 (2) dt.03-04-2018 the petitioner in this case. It is alleged that 15 liters wine is recovered from the hut in question which was given on rent to the co-accused namely, Hari Shankar Kumar. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner had no knowledge regarding the alleged incident. There is no compliance of Section 100 Cr.P.C. On behalf of the State, it is submitted that the petitioner is 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 six 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 learned IXth Additional Sessions Judgecum-Special Judge, Excise Act, Patna in connection with Special Case No. 7892 of 2017 arising out of Patrakarnagar P.S. Case No. 596 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V./- U T