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Patna High CourtCR. MISC./26206/2022dismissed

Bhuna Devi@ Buna Devi v. The State Of Bihar

2022-08-26Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26206 of 2022 Arising Out of PS. Case No.-79 Year-2022 Thana- JAHANABAD District- Jehanabad ====================================================== BHUNA DEVI@ BUNA DEVI WIFE OF RANGBAHADUR MANJHI R/OVILLAGE- KINARI BHUITOLI P.S.-JEHANABAD (KALPA O.P.) DISTRICT- JEHANABAD ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Paras Nath For the Opposite Party/s :

Mrs. Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-08-2022 Heard learned counsel for the petitioner and learned APP for the State 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 undertaken 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 Prohibition and Excise Act, 2016.

Altogether 8 liters of country made liquor is said to have been recovered from the house of the petitioner. 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.26206 of 2022(2) dt.26-08-2022 2/2 in the FIR. She has been falsely implicated in this case due to ulterior motive. Her name transpired in the case on the basis of secret information. Petitioner has neither been apprehended on the spot nor any incriminating article has been recovered from her conscious physical possession. The said liquor has been recovered from the common house of the petitioner. Petitioner has no concern either with the seized liquor or any trade of liquor. Petitioner has no criminal antecedent, as also mentioned in para-3 of this application.

Learned APP for the State opposed the prayer for grant of bail 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. Accordingly, this application is dismissed.

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