Patna High CourtCR. MISC./20492/2025bail rejected

Fuchkani Devi @ Sunita Devi v. The State Of Bihar

2025-07-10Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20492 of 2025 Arising Out of PS. Case No.-248 Year-2016 Thana- MASAUDHI District- Patna ====================================================== 1.

Fuchkani Devi @ Sunita Devi W/O Late Julus Manjhi R/O VillageNayamatpur, P.S.- Masaudhi, District- Patna 2.

Chaturi Manjhi S/O Nagina Manjhi R/O Village- Nayamatpur, P.S.- Masaudhi, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioners :

Mr. Vishwa Ranjan Choudhary, Advocate For the State :

Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-07-2025 Heard learned counsel appearing on behalf of the petitioners and learned A.P.P. appearing on behalf of the State.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 47 and 52 of the Excise Act.

3. As per prosecution case, total 32 litres illicit country made liquor was recovered out of which 4 litres were recovered from the house of Petitioner No. 1 and 5 litres were recovered from the house of Petitioner No. 2.

4. Learned counsel appearing for the petitioners submits that petitioners are innocent and have falsely been implicated in this case. No incriminating material has been

Patna High Court CR. MISC. No.20492 of 2025(3) dt.10-07-2025 2/2 recovered from the conscious possession of these petitioners and they are in no way connected with the aforesaid recovery.

5. On the other hand, learned APP appearing for the State submits that petitioners are not entitled to the privilge of anticipatory bail in view of decision of the Full Bench of this Hon'ble Court rendered in the case of Ram Vinay Yadav vs. The State of Bihar reported in 2019(2) P.L.J.R. 1089 (F.B.). Petitioners have got one criminal antecedent of similar nature.

6. Considering the aforesaid decision of this Court and fact that petitioners have got one criminal antecedent of similar nature, the prayer for grant of anticipatory bail to this petitioners is rejected.

(Prabhat Kumar Singh, J) shashank/- U T