Patna High CourtCR. MISC./13528/2024disposed

Sakuntala Devi v. The State Of Bihar

2024-03-05Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13528 of 2024 Arising Out of PS. Case No.-525 Year-2023 Thana- RAJAOLI District- Nawada ====================================================== Sakuntala Devi W/O Prakash Chaudhari R/O Village Dhawani, P.S. Rajauli, District Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar Verma, Adv.

For the Opposite Party/s :

Mr. Kumar Ranjit Ranjan, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-03-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending her arrest in connection with Rajauli P.S. Case No. 525 of 2023 dated 19.10.2023 for the offences punishable u/s 30(a), 41 of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, total 7.5 liters of illicit country made liquor was recovered from the house of the petitioner.

4. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. The name of the petitioner has transpired on the basis of secret information. It is further submitted that the petitioner has no

Patna High Court CR. MISC. No.13528 of 2024(2) dt.05-03-2024 2/2 concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is a female with clean antecedent as stated in para 3 of the bail petition.

5. 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.

6. Considering the aforesaid facts and circumstances of the case, the recovery has made from the house of the petitioner, 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.

7. The application stands disposed of.

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