Renu Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59924 of 2017 Arising Out of PS.Case No. -173 Year- 2017 Thana -BUNIADGANJ District- GAYA ======================================================

1. Renu Devi, W/o Ajay Paswan, Residence of Village- Manpur, P.O. + P.S.- Buniyadganj, District- Gaya.

.... .... Petitioner

Versus

1. The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Deepak Kumar For the Opposite Party/s : Mr. Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-12-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending her arrest in a case instituted under Section 30(a) of Bihar Prohibition and Excise Act, 2017.

The prosecution story, in brief, is that 80 litres of Mahua wine and 30 Kilogram of Mahua flower is said to have been recovered from a auto-rickshaw.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is said to be the owner of the auto-rickshaw in question which is run on rent by the driver. Except for this, there is no

Patna High Court Cr.Misc. No.59924 of 2017 (2) dt.13-12-2017 2/2 other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 80 litres of Mahua wine and 30 Kg Mahua flower is recovered from a auto-rickshaw in question. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner had no knowledge regarding the alleged incident. There is no compliance of section 100 of the Cr.P.C.

On behalf of the state, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named be released on anticipatory bail in the event of arrest or surrender before the learned court below within a period of six weeks from today in connection with Buniyadganj P.S. Case No.173/2017, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Gaya, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Amit/- U T