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Patna High CourtCR. MISC./41121/2016rejected

Anita Devi v. The State Of Bihar

2016-11-11Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41121 of 2016 Arising Out of PS.Case No. -259 Year- 2016 Thana -SHERGHATI District- GAYA ====================================================== Anita Devi Wife of Vijay Kumar Resident of Mohalla- Murarpur, A.N.Road, PS Kotwali, District Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Binod Kumar Mishra, Adv. For the Opposite Party/s : Mr. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 11-11-2016 Heard both sides.

The petitioner apprehends her arrest in Sherghati (Dobhi) P.S. Case No. 259/2016, registered for the offences punishable under Sections 272 and 273 of the Indian Penal Code and Section 47A of the Excise Act.

The informant police officer alleged that while he along with other police personnel were going to raid, they saw one autorickshaw from which the driver fled away. On search huge quantity of Indian made foreign liquor was recovered. Learned counsel for the petitioner submits that the petitioner is the owner of the vehicle she had given the vehicle to someone else on hire, but the petitioner has not disclosed the name of the driver of the vehicle and this fact itself shows that at the

Patna High Court Cr.Misc. No.41121 of 2016 (3) dt.11-11-2016 2/2 instance of the petitioner foreign liquor was being carried out. Considering the facts aforesaid, I am not inclined to enlarge the petitioner above-named on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J.) Vinita/- U T