Kamla Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16806 of 2017 Arising Out of PS.Case No. -16 Year- 2017 Thana -AMBA District- AURANGABAD ======================================================

1. Kamla Devi, Wife of Bhagwan Saw, resident of Village-Dumari, P.S.- Amba, District- Aurangabad.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Leelawati Kumari For the Opposite Party/s : Mr. Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-04-2017 Heard the parties.

The petitioner is apprehending his arrest in connection with Amba P.S.Case No.16 of 2017 registered for offences punishable under Sections30(a) of the Bihar Excise Act, 2016. Allegation against the petitioner is that when the police raided her house, she fled away and 05 ltrs. country-made "Mahua' liquor have been recovered from her house. It is submitted on behalf the petitioner that the petitioner is aged about 65 years old and the recovery is from the joint house and nothing has been recovered from the possession of the petitioner.

Heard learned A.P.P. also.

Having heard both sides and in view of Section 76 (2) of the

Patna High Court Cr.Misc. No.16806 of 2017 (2) dt.18-04-2017 2/2 Bihar Prohibition and Excise Act, 2016, I am not inclined to grant anticipatory bail to the petitioner, however, the petitioner is directed to surrender before the learned court below within a period of six weeks and make prayer for regular bail, which will be considered by the learned court below on its own merit. With the aforesaid observation, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U