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Patna High CourtCR. MISC./6285/2025bail rejected

Mala Devi @ Naginiya v. The State Of Bihar

2025-02-24Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6285 of 2025 Arising Out of PS. Case No.-92 Year-2024 Thana- Kumarbagh District- West Champaran ====================================================== Mala Devi @ Naginiya Wife of Nagina Dhangad resident of Village- Kudhiya Kothi, Dhangad Toli, Ps- Kumarbagh, Dist- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Gupta, Advocate Mr. Dhananjay Kumar, Advocate For the Opposite Party/s :

Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 24-02-2025

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of anticipatory bail apprehending her arrest in connection with Kumarbagh P.S. Case no.92 of 2024, registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, seeing the police personnel, the accused persons escaped. 4 litres of liquor was recovered from the house of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner who is a lady has been falsely implicated in the case. No incriminating article has either been recovered from her possession or from her house. The cause of false implication is her antecedents. She undertakes to cooperate in the case/trial.

Patna High Court CR. MISC. No.6285 of 2025(2) dt.24-02-2025 2/2

5. The application for anticipatory bail is opposed by learned A.P.P for the State, who submits in reference to the statement made in paragraph no.3 of the petition that the petitioner has been made accused in as many as four cases, all under the Bihar Prohibition and Excise Act, 2016.

6. Having heard learned counsel for the parties and taking into consideration the allegation against the petitioner in the F.I.R, according to which 4 litres of liquor was recovered from her house together with the petitioner being accused in as many as four cases under the Bihar Prohibition and Excise Act, 2016 from before, the Court is not inclined to enlarge the petitioner on anticipatory bail and the application is rejected.

7. The petitioner is directed to surrender in the learned Court below within a period of four weeks.

(Partha Sarthy, J) Shiv/- U T