Rinku Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47903 of 2022 Arising Out of PS. Case No.-45 Year-2021 Thana- LODIPUR District- Bhagalpur ====================================================== Rinku Devi D/O Baua Lal Sah R/O Village- Katras More, P.S.- Junia, District- Dhanbad, Jharkhand ...... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhananjay Kumar Pandey For the Opposite Party/s :

Mr.Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending her arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition & Excise Act.

There is recovery of 450 litres of Indian made Foreign Liquor from a pick-up van. The petitioner is owner of the alleged pick-up van.

It is submitted by learned counsel for the petitioner that petitioner was not apprehended from the spot. Nothing has been recovered from the conscious

Patna High Court CR. MISC. No.47903 of 2022(2) dt.11-11-2022 2/3 possession of the petitioner. The name of the petitioner has come only because he is the owner of the said vehicle. The petitioner has given the vehicle to the driver for her livelihood and she has no concern in any manner from the alleged recovered illicit liquor. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

The petitioner is directed to deposit a sum of Rs. 30,000/-(Rupees Thirty Thousands) in the District Legal Services Authority, Bhagalpur.

In the facts and circumstance of the case and considering the fact that the petitioner is being a lady, let the petitioner, above named, in the event of her arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise Act 1st, Bhagalpur in connection with Lodipur P.S. Case No. 45 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

Patna High Court CR. MISC. No.47903 of 2022(2) dt.11-11-2022 3/3 The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs. 30,000/-(Rupees Thirty Thousands) in District Legal Services Authority, Bhagalpur.

(Sunil Kumar Panwar, J) nirajkrs/- U T