Sarita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70617 of 2019 Arising Out of PS. Case No.-43 Year-2019 Thana- CHEWARA District- Sheikhpura ====================================================== SARITA DEVI Wife of Sarju Choudhary @ Saraug Chaudhari Resident of Village-Beldari, P.S-Chewara, District-Sheikhpura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar For the Opposite Party/s :

Mr.Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-01-2020 This application, for grant of anticipatory bail, arises out of Excise Case No. 43/2019 arising out of Chewara P.S. Case No. 43/2019, disclosing offences under Sections 30 (a)(d) of the Bihar Prohibition of Excise Act, 2016. prosecution case is that police on information that petitioner and one Champa Devi is engaged in manufacturing and sell of liquor, raided the place and recovered 13 liters of liquor from the possession of the petitioner. Submission of learned counsel for the petitioner is that petitioner is a lady and has no criminal antecedent and she has falsely been implicated in this case.

Learned counsel for the State opposed the prayer for bail and submitted that there is recovery from the possession of the petitioner.

Patna High Court CR. MISC. No.70617 of 2019(2) dt.17-01-2020 2/2 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 has to 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