Kari Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29737 of 2022 Arising Out of PS. Case No.-48 Year-2022 Thana- GRIYAK District- Nalanda ====================================================== KARI DEVI W/o Late Surendra Choudhary Resident of Village - Mahamdapur, P.s.- Giriyak, Distt.- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar No.1, Adv.

For the Opposite Party/s :

Mr.Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-09-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State through virtual mode. 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. The petitioner apprehends her arrest in connection with Giriyak P.S. Case No.48/2022, registered for the offence punishable under Sections 30/30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.

Allegedly 30.250 litres of country made liquor is said to have been recovered from the house of the petitioner. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not committed any offence

Patna High Court CR. MISC. No.29737 of 2022(2) dt.02-09-2022 2/2 as alleged in the FIR. She has been falsely implicated in this case due to ulterior motive. She has not been apprehended on the spot nor any incriminating article has been recovered from his conscious physical possession. The said recovery has been made from the house of one Butta Chaudhary @ Rohit. Petitioner is a widow lady and used to live with her daughter at her matrimonial house. She has no concern either with the recovery of the illicit liquor or any trade of liquor. Petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, since the 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) pallavi/- U T