Rinku Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33476 of 2022 Arising Out of PS. Case No.-16 Year-2022 Thana- RAJAON District- Banka ====================================================== Rinku Devi Wife Of Virendra Kumar Mandal R/O Village- Satgarha, Habibpur, Jagdishpur, P.S.- Nathnagar, District- Bhagalpur, Pin- 813113 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashutosh Kumar For the Opposite Party/s :

Mr.Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending her arrest in a case registered for the offences punishable under Sections 30(a), 32(2) of the Bihar Prohibition & Excise Act.

There is recovery of 33.375 litres of Indian made Foreign Liquor from an auto-rickshaw. The petitioner is owner of seized auto-rickshaw.

It is submitted by learned counsel for the petitioner that petitioner was not apprehended from the spot. Nothing has been recovered from the conscious

Patna High Court CR. MISC. No.33476 of 2022(3) dt.02-11-2022 2/3 possession of the petitioner. The petitioner is owner of the vehicle in question but he has already sold the same to one Archana Devi, though the vehicle is still registered in the name of the petitioner. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

The petitioner is directed to deposit a sum of Rs. 20,000/-(Rupees Twenty Thousands) in the District Legal Services Authority, Banka.

In the facts and circumstance of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge, Vth, Banka in connection with Rajaun P.S. Case No. 16 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

Patna High Court CR. MISC. No.33476 of 2022(3) dt.02-11-2022 3/3 The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs. 20,000/-(Rupees Twenty Thousands) in District Legal Services Authority, Banka.

(Sunil Kumar Panwar, J) Shageer/- U T