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Patna High CourtCR. MISC./35940/2020rejected

Renu Devi v. The State Of Bihar

2021-04-07Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35940 of 2020 Arising Out of PS. Case No.-325 Year-2020 Thana- RAXAUL District- East Champaran ====================================================== RENU DEVI W/o Late Rajesh Ram @ Rajesh Raut @ Sukhi Ram, Resident of Village- Ahirwa Tola, Premnagar, P.S.- Darpa, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sangeet Deokuliar, Adv.

For the Opposite Party/s :

Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 07-04-2021 Heard both sides.

The petitioner apprehends her arrest in Raxaul (Haraiya) P.S. Case No.325 of 2020 registered under Sections 272, 273 of the Indian Penal Code and under Sections 30(a), 38(1) and 37(c) of the Bihar Prohibition and Excise Act. The informant after having secret information raided the hut of the petitioner and recovered 24.3 litres of Nepali liquor.

Learned counsel for the petitioner submits that the petitioner is a widow and she earns her livelihood by doing household works. The petitioner was not present in her hut. The hut is an open place and somebody might have kept liquor in the hut of the petitioner, but it appears that the informant got specific inputs that it was petitioner, who had kept liquor in her

Patna High Court CR. MISC. No.35940 of 2020(2) dt.07-04-2021 2/2 hut and she was selling the same and on search, recovery of 24.3 litres of Nepali liquor was made from the hut of the petitioner. Having considered the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) Harish/- U T