Reena Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30755 of 2020 Arising Out of PS. Case No.-25 Year-2020 Thana- HARSIDHI District- East Champaran ====================================================== REENA DEVI Wife of Laxman Paswan Resident of Village - Matiyariya Eraji Nanhkar, P.S. - Harsidhi, District - East Champaran. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Shanti Bhushan Singh For the Opposite Party/s :

A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 19-02-2021 As prayed for, let the learned counsel appearing for the petitioner remove the defect(s), as pointed out by the office vide its notes dated 10.11.2020, within four weeks of starting of Court proceeding in physical mode.

Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends her arrest in connection with Harsidhi P.S. Case no. 25 of 2020, registered under Section 272, 273,308/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The accusation is that on receiving secret information about selling of liquor by Laxman Paswan in village - Matiyariya with the help of his wife Reena Devi (Petitioner) and Raju Paswan, son of Suraj Paswan, the

Patna High Court CR. MISC. No.30755 of 2020(2) dt.19-02-2021 2/3 informant along with other Police personnel reached there. On seeing the Police party, two male and one female started fleeing, but, on chase, one male person was apprehended, who disclosed his name Laxman Paswan and he also disclosed the name of two other persons, who managed to escape, as his wife Reena Devi (Petitioner) and Raju Paswan, son of Suraj Paswan. On search, 11 liters country made liquor, kept in gallon, and 190 pouches, each contained 100 Ml, country made liquor recovered from the house of Laxman Paswan.

Learned counsel for the petitioner submits that petitioner was not apprehended on the spot and the petitioner being wife of co-accused Laxman Paswan, who was apprehended on the spot with the alleged country made liquor, has falsely been implicated in this case. The petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of her arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned 9th Addl. Sessions Judge-cum-Special Judge, Excise, East Champaran, Motihari in

Patna High Court CR. MISC. No.30755 of 2020(2) dt.19-02-2021 3/3 connection with Harsidhi P.S. Case No. 25 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Rajendra Kumar Mishra, J) manish/- U T