Rina Debi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56985 of 2022 Arising Out of PS. Case No.-107 Year-2022 Thana- PANCHRUKHI District- Siwan ====================================================== Rina Debi W/O Sunil Sah @ Sunil Prasad R/V- Atarsuwatola, P.S.- Siwan Muffasil, Distt- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Tiwary For the Opposite Party/s :

Mr.Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-11-2022 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 Sections 30(a) of the Bihar Prohibition & Excise Act. There is recovery of 539.640 litres of illicit liquor from a bush. One motorcycle was also seized from the place of seizure.

It is submitted by learned counsel for the petitioner that petitioner was not apprehended from the

Patna High Court CR. MISC. No.56985 of 2022(2) dt.18-11-2022 2/3 spot. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the illicit liquor. Though the petitioner is owner of the seized motorcycle but his motorcycle was taken away by the friend of the husband of the petitioner for going to the hospital and he was arrested from the spot. A statement has been made in para 3 of the petition that petitioner is accused in one other case apart from the present one.

Considering the fact that petitioner is a lady and nothing has been recovered from the motorcycle of the petitioner, 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 Exclusive Special Judge, Excise Court No. 2, Siwan in connection with Pachrukhi Sarai P.S. Case No. 107 of 2022, subject to

Patna High Court CR. MISC. No.56985 of 2022(2) dt.18-11-2022 3/3 the conditions as laid down under Section 438(2) of the Cr.P.C.

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