Smt. Hemanti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15447 of 2017 Arising Out of PS.Case No. -511 Year- 2016 Thana -BODHGAYA District- GAYA ======================================================

1. Smt. Hemanti Devi W/o Rajdeo Chaudhary R/o Vill-Bakror, P.S. Bodhgaya, Dist. Gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amarendra Kumar Mishra, Advocate For the Opposite Party/s : Dr. Mrityunjaya Kr. Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 20-04-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The Petitioner is apprehending her arrest in a case registered for the offences punishable under Sections 30(a)/37 of the Bihar Prohibition and Excise Act, 2016.

Accusation against the petitioner is that from the house of this petitioner liquor was recovered.

Submission of the petitioner is that the witnesses of the seizure have filed affidavit that nothing was recovered in their presence. Moreover, house of the petitioner was locked and the petitioner was outside. Hence, allegation is not probable. Since accusation of possession of liquor is there, this anticipatory bail application is not maintainable in view of the

Patna High Court Cr.Misc. No.15447 of 2017 (2) dt.20-04-2017 2/2 provisions of Section 76 of the Bihar Prohibition and Excise Act, 2016.

Accordingly, the application stands dismissed. (Birendra Kumar, J) Mkr./- U T