Rita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7540 of 2023 Arising Out of PS. Case No.-382 Year-2022 Thana- PUPRI District- Sitamarhi ====================================================== Rita Devi W/O Late Tetar Manjhi Resident Of Village- Belmohan, Mushahari Tola, Ward No.- 2, P.S.- Pupri, District- Sitamarhi. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pushpendra Kumar Singh For the Opposite Party/s :
Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-04-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends her arrest in a case registered for the offences punishable Section 30 (a) of the Bihar Prohibition and Excise Act.
Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that no incriminating article has been recovered from the conscious physical possession of the petitioner rather 3 liters of Nepali Saufi liquor is said to have been recovered from the joint house of the petitioner. He submits that the petitioner is the lady. He submits that the petitioner has no criminal antecedent as stated in para-3 of the bail application.
Having regard to the facts and circumstances of the
Patna High Court CR. MISC. No.7540 of 2023(2) dt.13-04-2023 2/2 case and the fact that the illicit liquor has been recovered from the house of the petitioner, I am not inclined to enlarge the petitioner on bail. Accordingly, her prayer for anticipatory bail is rejected in connection with Pupri P.S. Case No. 382 of 2022. However, if the petitioner surrenders before the learned court below within a period of six weeks from today and prays for regular bail, the same shall be considered by the learned court below on the same day without being prejudiced by this order.
(Anjani Kumar Sharan, J) devendra/- U T