Rekha Devi vs The State Of Bihar
2021 Latest Caselaw 1363 Patna

      IN THE HIGH COURT OF JUDICATURE AT PATNA
              CRIMINAL MISCELLANEOUS No.31896 of 2020
       Arising Out of PS. Case No.-51 Year-2020 Thana- BRAHMPUR District- Buxar
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Rekha Devi, aged about 41 years, Gender-Female, wife of Vijay Bin, Resident of Village - Bhariar, P.S.- Brahmpur (Chakki O.P.), District - Buxar.

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

For the Petitioner/s : Mr. Satyapal Singh, Advocate For the State : Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 09-03-2021

Heard Mr. Satyapal Singh, learned counsel for the

petitioner and Mr. Jharkhandi Upadhyay, learned Additional

Public Prosecutor (hereinafter referred to as the 'APP') for the

State.

2. The petitioner apprehends arrest in connection with

Brahmpur (Chakki OP) PS Case No. 51 of 2020 dated

02.02.2020, instituted under Section 30(a) of the Bihar

Prohibition and Excise Act, 2016.

3. The allegation against the petitioner is that when

police went to raid her house on secret information, she was

present, but nothing was recovered and the police was informed

that she had removed the liquor prior to the police coming to her

place and had kept it in the house of one Sukhu Bin @ Sukhdeo

Bin and when the police went there, there was recovery of 86

pieces of 555 Gold Whisky kept in a plastic bag and in the Patna High Court CR. MISC. No.31896 of 2020 dt.09-03-2021

meantime, the petitioner fled away, but Dhuniya Devi wife of

Sukhu Bin @ Sukhdeo Bin was present and arrested and she

disclosed that the recovered liquor was kept by the petitioner.

4. Learned counsel for the petitioner submitted that

nothing was recovered from her house and she has no

connection either with the house or with Dhuniya Devi. It was

further submitted that only on suspicion, without disclosing who

had informed the police that it was the liquor of the petitioner

which was kept in the house of Dhunia Devi, she has been

implicated. It was further submitted that the petitioner is a lady

and has no criminal antecedent.

5. Learned APP submitted that the police also got

information that the petitioner had moved the liquor from her

house to the house of Dhunia Devi from where there is recovery

and she has also stated that it was the petitioner who had kept

the liquor in her house.

6. Having considered the facts and circumstances of

the case and submissions of learned counsel for the parties, the

Court is not inclined to grant pre-arrest bail to the petitioner.

7. Accordingly, the application stands dismissed.

(Ahsanuddin Amanullah, J)

J. Alam/-

AFR/NAFR U T