Kamla Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54988 of 2019 Arising Out of PS. Case No.-65 Year-2019 Thana- GAUNAHA District- West Champaran ====================================================== KAMLA DEVI, W/o Late Jai Narayan Mahto, Resident of Village- Sithi, P.S.- Gaunaha, District- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 30-08-2019 The petitioner apprehends his arrest in connection with Gaunaha P.S.Case No. 65 of 2019 registered under Sections 30(a) of the Bihar Prohibition and Excise Act. Allegation against the petitioner, as per FIR, is that the Excise Prohibition Control Cell, Patna received information that petitioner was indulged in manufacturing and selling of illegal liquor, reached near the house of petitioner and upon seeing the police party, one female fled away and the local Chaukidar identified her as petitioner i.e., Kamla Devi and upon search of the house of the petitioner, the police recovered four country made liquor kept in a gallon in the house.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case with oblique motive. He submits that a small quantity of four litres of illicit liquor has

Patna High Court CR. MISC. No.54988 of 2019(2) dt.30-08-2019 2/3 been recovered from the house of the petitioner. He submits that a police party was constituted at Patna which allegedly proceeded to Gaunaha, which is about 300 Km away in West Champaran and the member of police party raided and recovered merely four litres illicit liquors from the house of the petitioner. Learned counsel further submits that seizure list, which has been prepared by the police, is also not in accordance with law and the witnesses who have allegedly signed the seizure list were Chaukidars of the police with their parentage and addresses and no local independent witness has signed the seizure list.

After having heard learned counsel for the parties and taking into consideration the fact that from perusal of the FIR and the seizure list, illicit liquor has been recovered from the house of the petitioner, accordingly, in view of the Full Bench judgment passed in Cr. Appeal (SJ) No. 431 of 2019, I am not inclined to exercise my discretion for grant of privilege of anticipatory bail to the petitioner as such the same is rejected. However, in case, petitioner surrenders before the court below within a period of 15 days and files application for regular bail, the same shall be considered on the same day without being prejudiced to the fact that present application has

Patna High Court CR. MISC. No.54988 of 2019(2) dt.30-08-2019 3/3 been dismissed by this Court.

(Anil Kumar Sinha, J) sujit/- U T