Sarda Devi @ Sharda Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61015 of 2019 Arising Out of PS. Case No.-79 Year-2019 Thana- MAGADH MEDICAL COLLEGE District- Gaya ====================================================== SARDA DEVI @ SHARDA DEVI W/o Late Sudarshan Manjhi R/o villageKhiriyawan, P.S.- Magadh Medical, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Samir Kumar For the Opposite Party/s :

Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-09-2019 This application, for grant of anticipatory bail, arises out of Magadh Medical P.S. Case No. 79/2019, disclosing offences under Sections 30(a) & (d) of the Bihar Prohibition of Excise Act, 2016.

Allegation is of recovery of 5 litres of country made liquor from the house of the petitioner.

Submission of learned counsel for the petitioner is that she is a lady and has no criminal antecedent and has falsely been implicated in this case and in fact nothing has been recovered from her house.

Learned counsel for the State opposed the prayer for bail and submitted that there is recovery from the house of the petitioner, as such, she does not deserve the privilege of

Patna High Court CR. MISC. No.61015 of 2019(2) dt.25-09-2019 2/2 anticipatory bail.

Having heard both sides, considering the facts and circumstances of the case, I am not inclined to grant the privilege of anticipatory bail to the petitioner rather petitioner may surrender before the court below and make prayer for regular bail and if any such application is filed, the court below will dispose of the same on the merit of the case, if possible on same day, without being prejudiced by this order. This application is, accordingly, dismissed.

(Vinod Kumar Sinha, J) sunilkumar/- U T