Malti Devi @ Geeta Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27555 of 2020 Arising Out of PS. Case No.-98 Year-2020 Thana- GAYA KOTWALI District- Gaya ====================================================== MALTI DEVI @ GEETA DEVI W/o Jitendra Paswan Resident of MohallaMurli Hill, Bairagi Pahadi, P.S.-Kotwali, District-Gaya. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar Singh,Advocate For the Opposite Party/s :

Mr.Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 19-01-2021 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner in the present case is seeking pre-arrest bail in connection with Kotwali P.S. Case No. 98 of 2020 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that as per the written report of the informant who is the police officer on getting information that the petitioner is involvement in selling illicit liquor raided her house and recovered 14 liters mahua liquor. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. It is submitted that the petitioner was not found present in her house and she has no concern with the trade of illicit liquor. Learned APP for the State has opposed the prayer for anticipatory bail of the petitioner.

Patna High Court CR. MISC. No.27555 of 2020(3) dt.19-01-2021 2/2 Having regard to the facts and circumstances of the case, wherein it appears that as per allegation, the illicit liquor has been recovered from the house of the petitioner, this Court is not inclined to grant privilege of anticipatory bail to the petitioner, however, in case the petitioner surrenders and prays for regular bail in the court below within a period of four weeks from today, the learned court below shall consider her prayer for regular bail. The petitioner being a women, her prayer for regular bail shall be considered and disposed of on the same day.

The observation with regard to surrender in the learned court below within a period of four weeks shall not be construed as granting any interim protection to the petitioner for the aforesaid period.

The application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) SUSHMA2/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.