Asha Devi @ Aasha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16218 of 2023 Arising Out of PS. Case No.-116 Year-2022 Thana- FATEHPUR District- Gaya ====================================================== Asha Devi @ Aasha Devi W/O Lalan Manjhi Resident Of Village-Raja Bigha, Paharpur, Police Station-Fatehpur, District-Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Syed Asgher Najmi For the Opposite Party/s :

Mr. Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-06-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in Fatehpur P.S. Case No. 116 of 2022 registered for the offences punishable under Section 30(a) of the Bihar Prohibition & Excise Amendment Act, pending in the Court of learned Exclusive Special Excise Court No.-1, Gaya.

As per the allegation, 1⁄2 liters illicit mahua liquor is said to have been recovered from the house of the petitioner. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that nothing incriminating was recovered from the conscious

Patna High Court CR. MISC. No.16218 of 2023(3) dt.22-06-2023 2/2 possession of the petitioner. The alleged recovery was made from the house of the petitioner which is a joint family property. The petitioner has got no criminal antecedent as mentioned in para-3 of the bail application.

Learned APP for the State vehemently opposing the bail petition submitted that the Considering the facts and circumstances of case, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected. However, if the petitioner surrenders before the learned Court below within six weeks from today and seek regular bail, the learned Court below would pass order on the same day in accordance with law without being prejudiced by this order, considering the fact that the petitioner is a widow. (Anjani Kumar Sharan, J) anand/- U T