Babita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51546 of 2022 Arising Out of PS. Case No.-113 Year-2022 Thana- RAJAOLI District- Nawada ====================================================== 1.

Babita Devi Wife Of Raj Kumar Rajvanshi Resident Of Village - Jobkala, P.S.- Rajauli, District - Nawada.

2.

Raj Kumar Rajvanshi Son Of Yamuna Rajvanshi Resident Of Village - Jobkala, P.S.- Rajauli, District - Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Birendra Kumar For the Opposite Party/s :

Mr.Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-11-2022 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners seeks permission to withdraw the petition with regard to petitioner No. 2, namely, Raj Kumar Rajvanshi, S/O Yamuna Rajvanshi.

Permission is accorded.

Accordingly, the petition with regard to petitioner No. 2 is dismissed as withdrawn.

The petitioner may surrender and pray before learned court below for regular bail. The same may be considered by the court below on its own merit without

Patna High Court CR. MISC. No.51546 of 2022(2) dt.16-11-2022 2/3 being prejudiced by the order of this Court.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 30(a)/ 41 of the Bihar Prohibition & Excise Act.

There is recovery of 60 litres of country made liquor from the house of the petitioner No. 2 namely Raj Kumar Rajvanshi.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and she has falsely been implicated in the present case. It is also submitted that petitioner No. 1 is the wife of main accused Raj Kumar Rajvanshi, from whose house the liquor has been recovered. It is also submitted that petitioner was not apprehended from the spot. Nothing has been recovered from the conscious possession of the petitioner. It is further submitted that petitioner is not concerned either with the seized illicit liquor or with the place of seizure. In the facts and circumstance of the case, let the petitioner, above named, except petitioner No. 2, in the event of her arrest or surrender before the Court below within a period of four weeks from today, be released on

Patna High Court CR. MISC. No.51546 of 2022(2) dt.16-11-2022 3/3 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 Exclusive Special Excise Judge IInd, Nawada in connection with Rajauli P.S. Case No. 113 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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