Tara Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54313 of 2017 Arising Out of PS.Case No. -188 Year- 2017 Thana -RAJNAGAR District- MADHUBANI ====================================================== Tara Devi, wife of Late Sita Ram Paswan, resident of Village- Raghubir Chak, Mahinathpur, P.S.- Rajnagar, District- Madhubani. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Bimal Kumar, Advocate. For the Opposite Party : Mr. Md. Ashlam Ansari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-12-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in a case for the offence registered under Sections 272, 273 of the IPC and 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution story, in brief, is that 705 liters wine is said to have been recovered.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. 705 liters of Nepali wine is said to have been recovered. The petitioner had no knowledge regarding the same. No incriminating

Patna High Court Cr.Misc. No.54313 of 2017 (2) dt.12-12-2017 2/2 article is said to have been recovered from conscious possession of the petitioner. No compliance of Section 100 Cr. P.C. has been made in the present case.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioner above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions JudgeII-cum-Special Judge, Excise Act, Madhubani, in connection with Raj Nagar P.S. Case No. 188 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T