Savita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55450 of 2021 Arising Out of PS. Case No.-70 Year-2021 Thana- AMBA District- Aurangabad ====================================================== Savita Devi W/O Munna Saw R/O Village-Saraidih, P.S-Navdiha, DistrictPalamu (JHARKHAND). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-12-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

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 address portion of the petitioner.

The petitioner is apprehending her arrest in connection with Amba P.S. case No.70/21 registered under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution case, in short, is that total 122.700 liters wine is recovered.

It has been submitted on behalf of the petitioner that

Patna High Court CR. MISC. No.55450 of 2021(2) dt.03-12-2021 2/3 the petitioner has got no criminal antecedent and there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in this case. It is alleged that total 122.700 liters wine is recovered, out of which 18 liters wine is said to have been recovered from the motorcycle belonging to the petitioner. Said motorcycle was given by the petitioner to the co-villager for his personal use. The petitioner is a lady. 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.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge II-cum-Special Judge, Excise, Aurangabad in connection with Amba P.S. case No.70/21, subject to the conditions as laid down under Section 438(2) of

Patna High Court CR. MISC. No.55450 of 2021(2) dt.03-12-2021 3/3 the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T