Patna High CourtCR. MISC./24251/2024rejected

Lalita Devi v. The State Of Bihar

2024-05-22Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24251 of 2024 Arising Out of PS. Case No.-17 Year-2024 Thana- Excise P.S. District- Araria ====================================================== Lalita Devi WIFE OF MANOJ KUMAR BHAGAT RESIDENT OF VILLAGE- GAMHARIA WARD NO. 02, PS- GAMHARIA, DISTMADHEPURA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shahid Aqubal, Advocate For the Opposite Party/s :

Ms. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 22-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends her arrest in connection with Araria Excise Police Station Case No. 17 of 2024 registered for the offence punishable under Sections 30(a) of Bihar Prohibition and Excise Act.

3. As per allegation in the FIR, it is a case of recovery of total 2,340 litres of illicit Nepali liquor from pick up van bearing registration No. BR - 43 - GA - 8014.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He further submits that no incriminating article has been recovered from the conscious possession of the petitioner and petitioner has got no criminal antecedent as stated in para 3 of the bail petition.

Patna High Court CR. MISC. No.24251 of 2024(3) dt.22-05-2024 2/2

5. However learned APP for the State oppose the prayer for bail of the petitioner.

6. On perusal of the FIR, seizure list and impugned order dated 27.02.2024, it appears that total 2340 liters of illicit nepali liquor recovered from inside pick up van bearing registration No. BR 43 GA 8014 which belongs to the present petitioner and petitioner is the owner of the said vehicle.

7. Considering the aforesaid facts and circumstances of the case and huge quantity of liquor was recovered from the possession of the petitioner, I am not inclined to grant bail to the petitioner.

8. Prayer for anticipatory bail of the petitioner is hereby rejected.

(Ramesh Chand Malviya, J) saurabhkr/- U T