Patna High CourtCR. MISC./3507/2024disposed

Rinku Devi v. The State Of Bihar

2024-02-12Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3507 of 2024 Arising Out of PS. Case No.-588 Year-2023 Thana- SHEKHPURA District- Sheikhpura ====================================================== Rinku Devi, W/O Ajit Chaudhary, R/O Village-Gaway Mushari Tola, P. S.- Sheikhpura ( Hatiawayana O.P.), Dist.- Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satish Kumar, Adv.

For the Opposite Party/s :

Mr.Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-02-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Sheikhpura (Hatiawayana O.P.) P.S. Case No. 588 of 2023 dated 31.08.2023 for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 9 litres of illicit desi chulai liquor was recovered from the house of the petitioner.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The name of the petitioner has transpired in this case only on secret information. It is further submitted that the

Patna High Court CR. MISC. No.3507 of 2024(2) dt.12-02-2024 2/2 petitioner has no concern with the alleged recovery. Nothing has been recovered from the possession of the petitioner. The petitioner is a lady and she has one criminal antecedent as stated in para 3 of the bail petition.

6. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner by submitting that the recovery has been made from the house of the petitioner.

7. Considering the aforesaid facts and circumstances of the case, I am of the view that no case for grant of anticipatory bail is made out and the same is disposed of with direction to the petitioner to surrender before the Court below concerned within six weeks from today and pray for regular bail and the learned Court below shall consider the prayer for regular bail of the petitioner on the same day without being prejudiced by this order.

8. The application stands disposed of.

(Chandra Prakash Singh, J) Gautam/- U T