Visakhiya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20761 of 2023 Arising Out of PS. Case No.-520 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Samastipur ====================================================== VISAKHIYA DEVI W/O SHYAM SUNDAR SAHNI R/v- Suryapur Sarangpur, P.S.- Tajpur (Halai OP), District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Surya Narayan Roy For the Opposite Party/s :

Mr. Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends her arrest in a case registered for the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise Amendment Act, 2018.

3. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner rather four liters of country made liquor along with various apparatus of brewing liquor is said to have been recovered from the house of the petitioner. She has no concern either with the seized liquor or the place of recovery or any trade of liquor. She has been falsely implicated in this case at the instance of her enemy.

Patna High Court CR. MISC. No.20761 of 2023(2) dt.28-07-2023 2/2 Petitioner has no criminal antecedent as mentioned in para-3 of this application.

4. Having regard to the facts and circumstances of the case as well as the fact that recovery has been made from the house of the petitioner, I am not inclined to enlarge her on anticipatory bail.

5. The prayer for anticipatory bail of the petitioner is hereby rejected.

(Anjani Kumar Sharan, J) Trivedi/- U T