Gita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21752 of 2021 Arising Out of PS. Case No.-27 Year-2021 Thana- AGAMKUAN District- Patna ====================================================== GITA DEVI W/o of Mukesh Kumar @ Mukesh Kumar Paswan Resident of Village - Bahadurpur Housing Colony, Ward no.46, Janta Flat Mushahri, P.S.- Agam Kuan, Distt.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nawal Kishor Prasad, Adv.

For the Opposite Party/s :

Ms. Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 02-08-2021 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 30(a) and 36 of the Bihar Prohibition and Excise Act, 2016. As per allegation in the F.I.R., on information having been received that the petitioner was dealing and trading in liquor, a raid was conducted. It is stated that the petitioner was caught and about 12 litres of Mahua liquor was recovered from the room in the house of the petitioner. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. From perusal of the seizure list it would be evident that incorrect case

Patna High Court CR. MISC. No.21752 of 2021(2) dt.02-08-2021 2/2 number i.e Agamkuan P.S. Case no. 27 of 2020 has been mentioned. Although the date of occurrence is 10.1.2021 ie of the year 2021. The petitioner is a lady and is in custody since 10.1.2021.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties, from perusal of the seizure list it is clearly evident that the date and time of seizure has been mentioned as 10.1.2021, which conforms with the allegations in the F.I.R.. Taking into consideration the petitioner having an antecedent under the Bihar Prohibition and Excise Act together with Mahua liquor having been recovered from inside the room in the house of the petitioner, the Court is not inclined to enlarged the petitioner on bail and the application is rejected.

Liberty is granted to the petitioner to renew her prayer for bail on completing 1 year in custody.

(Partha Sarthy, J) Bibhash U