Reshma Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28314 of 2020 Arising Out of PS. Case No.-16 Year-2020 Thana- MALSALAMI District- Patna ====================================================== RESHMA DEVI, W/o - Vijay Yadav, R/o of Mohalla - Begampur Morchapar (Murcha Road), P.S. - Chowk, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Shyam Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 29-01-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

From the old house of the petitioner, huge quantity of foreign liquor was recovered.

Learned counsel for the petitioner submits that at the time of search, the house was locked from out side. The petitioner never resides there rather she resides in different house. Petitioner has got no criminal antecedent and she is a female.

Considering the facts that there is no direct material to substantiate that the liquor was put there by the petitioner as also considering the fact that the petitioner is a female, let the

Patna High Court CR. MISC. No.28314 of 2020(3) dt.29-01-2021 2/2 petitioner, above named, in the event of her arrest or surrender before the learned Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Malsalami Police Station Case No. 16 of 2020 (Special Case No. 613 of 2020), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as subject to the following conditions:- (a) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the learned Court below shall be at liberty to cancel the bail bond of the petitioner. (b) Both the bailors shall be resident of territorial jurisdiction of the learned Court below.

(c) The petitioner shall not leave the country without permission of the learned Trial Court.

(Birendra Kumar, J) Kundan/- U T