Bulakan Devi @ Bulkani Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50357 of 2021 Arising Out of PS. Case No.-55 Year-2021 Thana- BUNIYAD GANJ District- Gaya ====================================================== BULAKAN DEVI @ BULKANI DEVI D/o Late Rahiya Manjhi, Resident of Mohalla- Manpur Suruapokhar Bhuintoli, P.S.- Buniyadganj. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-11-2021 Heard learned counsel for the petitioner and learned APP for the State.

Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of eight weeks.

Further, counsel for the petitioner is permitted to make necessary correction in the name of the father of the petitioner in course of the day.

The petitioner is apprehending her arrest in connection with Buniyadganj P.S. case No.55/21 registered under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that total 35 liters wine is recovered.

Patna High Court CR. MISC. No.50357 of 2021(2) dt.22-11-2021 2/3 It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in this case. The name of the petitioner has transpired in this case as the alleged recovery is made from the joint house of the petitioner where the other family members also reside. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that total 35 liters wine is recovered, out of which 10 liters wine is recovered from the joint house of the petitioner. The petitioner had no knowledge regarding the alleged incident. Nothing incriminating has been recovered from the conscious possession of the petitioner.

There is no compliance of Section 100 Cr.P.C. On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R. Considering the facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.

Patna High Court CR. MISC. No.50357 of 2021(2) dt.22-11-2021 3/3 with Buniyadganj P.S. case No.55/21, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T