Runa Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.76145 of 2018 Arising Out of PS. Case No.-289 Year-2018 Thana- BAKHTIARPUR District- Saharsa ====================================================== Runa Devi, Wife of Satya Narayan Choudhary, Resident of Village-Baraywa Tola, Ward No.-15, P.S.-Bakhtiyarpur, District-Saharsa. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar For the Opposite Party/s :

Mr. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 16-01-2019 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case is to the effect that from the orchard of the petitioner, 150 litres of country made liquor was recovered, but the same was destroyed. Apart from that, two bottles, containing 750 ML and 375 ML, respectively of foreign liquor were recovered.

It is submitted by learned counsel for the petitioner that the petitioner is a lady and recovery has been made from the orchard, which is an open area. A statement has been made in paragraph no.3 of the petition that the petitioner is not having

Patna High Court Cr.Misc. No.76145 of 2018(2) dt.16-01-2019 2/2 any criminal antecedent.

Learned APP submits that the recovery has been made from the orchard of the petitioner.

Considering the fact that recovery has been made from an open area, coupled with the statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Special Judge, Excise, Saharsa in connection with Bakhtiarpur P.S. Case No. 289 of 2018, subject to the condition as laid down under Section 438(2) of the Cr. P.C.

(Dinesh Kumar Singh, J) Amrendra/- U T