Rina Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86576 of 2019 Arising Out of PS. Case No.-38 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Gopalganj ====================================================== Rina Devi, Wife of Binod Yadav, Resident of Village - Kaithwaliya, P.S.- Gopalganj Town, Distt - Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Naresh Prasad For the Opposite Party/s :

Mr.Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-02-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending her arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 as amended by Act 8 of 2018.

It is alleged that 15.720 litres of Indian Made Foreign Liquor were recovered from the sales booth and from the bag of the petitioner.

In the circumstances, this Court is not inclined to grant anticipatory bail to the petitioner. However, considering the fact that the recovery has not been made from the conscious physical possession of the petitioner and the petitioner is a lady, coupled with the statement made in paragraph 3 of the petition

Patna High Court CR. MISC. No.86576 of 2019(2) dt.20-02-2020 2/2 that the petitioner is not having any criminal antecedent, it is a case for consideration of prayer for regular bail by the learned Court below, if the petitioner surrenders before the learned Court below within a period of six weeks from today in connection with Excise Case No. 38 of 2019, Trial No. 2679 of 2019, pending in the Court of learned 2nd Additional Sessions Judge -cum- Special Judge, Excise, Gopalganj. Accordingly, this application is disposed of. (Dinesh Kumar Singh, J) DKS/- U T