Ramphul Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20476 of 2022 Arising Out of PS. Case No.-13 Year-2022 Thana- NAANPUR District- Sitamarhi ====================================================== RAMPHUL DEVI Wife of Ram Pukar Sahni @ Laxmi Sahni R/o Vill.- Kurhar, P.O.- Dhadhi, P.S. - Nanpur, District - Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sita Ram Prasad, Adv For the Opposite Party/s :

Mrs. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-08-2022 Heard the parties through virtual court proceedings. Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. Petitioner apprehends her arrest in connection with a case registered for the offence punishable u/s 30(a) of the Bihar Excise and Prohibition Act, 2018.

Altogether 20 litres of country made liquor and other articles is said to have been recovered from the house of the petitioner. One lady fled away from the place after seeing the police.

Learned counsel for the petitioner submits that petitioner is quite innocent and has not committed any offence as alleged

Patna High Court CR. MISC. No.20476 of 2022(2) dt.05-08-2022 2/2 in the FIR. Petitioner has been falsely implicated in this case at the instance of his enemies. Her name transpired in this case on the basis that he is the owner of the said house. Petitioner has neither been apprehended on the spot nor any incriminating article has been recovered from his conscious physical possession. He has no concern either with the seized liquor or any trade of liquor. The said house does not belongs to the petitioner, it belongs to a relative of the petitioner. Petitioner has no criminal antecedent, as also mentioned in para-3 of the bail application.

Considering the aforesaid facts and circumstances, since the recovery has been made from the house of the petitioner, I am not inclined to enlarge her on bail. The prayer for grant of anticipatory bail on her behalf is hereby rejected. This application is accordingly, dismissed.

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