Patna High CourtCR. MISC./17567/2022bail rejected

Meena Devi v. The State Of Bihar

2022-09-30Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17567 of 2022 Arising Out of PS. Case No.-407 Year-2021 Thana- MINAPUR District- Muzaffarpur ====================================================== MEENA DEVI Wife of Ram Sagar Choudhary Resident of Village - Panapur, P.S.- Minapur (Panapur O.P.), District - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nachiketa Jha For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-09-2022 Heard learned counsel for the petitioner and the State. Petitioner apprehends arrest in a case registered for the offence punishable under Section 30a of the Bihar Prohibition and Excise Act and sections 272 and 273/34 of the IPC .

As per the prosecution case, 1 liter country made liquor was recovered from the tea stall of the petitioner. Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. No incriminating material has been recovered from the conscious possession of the petitioner and he is no way connected with the aforesaid recovery. Petitioner has got no criminal antecedent.

Learned counsel for the State submits that 1 liter

Patna High Court CR. MISC. No.17567 of 2022(2) dt.30-09-2022 2/2 country made liquor was recovered from tea stall. He further submits that this application for grant of anticipatory bail to the petitioner is not maintainable in view of Full Bench decision of this 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.) Considering the aforesaid facts, prayer for bail of the petitioner is refused with direction to surrender and seek regular bail which would be considered and disposed of on its own merit without being prejudiced by this order. (Prabhat Kumar Singh, J) navya/- U T