Rajiya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84891 of 2019 Arising Out of PS. Case No.-244 Year-2019 Thana- BELAGANJ District- Gaya ====================================================== Rajiya Devi Wife of Late Ramswarup Manjhi, Resident of Village-Sherpur, P.S.-Belaganj, District-Gaya.

... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravindra Kumar Sinha, Advocate For the Opposite Party/s :

Mr.Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 20-12-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner in the present case is seeking anticipatory bail in connection with Belaganj P.S. Case No. 244 of 2019 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case having committed no offence. It is further submitted that nothing has been recovered from the house of the petitioner. The petitioner lives in a joint family house and from perusal of the seizure list it appears that not a single witness has put signature in the seizure list. The alleged seizure was not made in the presence of any independent witness.

Patna High Court CR. MISC. No.84891 of 2019(2) dt.20-12-2019 2/2 Learned A.P.P. for the State has opposed the prayer for anticipatory bail.

Considering the fact that the seizure list shows recovery of illicit liquor from the house of this petitioner, this Court is not inclined to grant anticipatory bail to the petitioner. In case the petitioner surrenders and prays for regular bail in the court below, her prayer for regular bail shall be considered independently but in the nature of the allegations the petitioner being a lady, let in case her surrender within a period of four weeks from today and on making prayer for regular bail in the court below, the same shall be considered and disposed off on the same day.

(Rajeev Ranjan Prasad, J) vats/ved U T