Munni Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41629 of 2022 Arising Out of PS. Case No.-870 Year-2021 Thana- FORBESGANJ District- Araria ====================================================== MUNNI DEVI W/o BABLOO MURMU Resident of Village - Saifganj, Ward no.8, P.S.- Forbesganj, Distt.- Araria.-854318 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-08-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 30(a) and 38(i) of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner is a woman having clean antecedent and allegation is of recovery of four liters liquor from the hut of petitioner and 20 liters liquor from gallon kept in the hut of co-accused Sanjhala Kisku.

Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from her conscious possession, it is next submitted that hut from where the recovery was made does not

Patna High Court CR. MISC. No.41629 of 2022(2) dt.29-08-2022 2/2 belong to the petitioner.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner and submits that no such pleading has been made in the anticipatory bail application. At this stage, learned counsel for the petitioner seeks permission to withdraw the anticipatory bail application. Permission is accorded.

In the event, if the petitioner, who is a widow, surrenders on or before 15.09.2022, the learned trial court shall dispose of the bail application on the same day keeping in mind the fact that the petitioner is a lady and nothing was recovered from her conscious possession.

(Satyavrat Verma, J) Rishi/- U T