Pushapa Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42586 of 2021 Arising Out of PS. Case No.-24 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Khagaria ====================================================== Pushapa Kumari Wife of Sujeet Kumar Resident of Village- Kajichak, Ward No.01, P.S.- Mahesh Khunt, District- Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar Choudhary For the Opposite Party/s :

Mr.Kanhaiya Kishor ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-03-2022 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is apprehending his arrest in a case registered in connection with Maheshkhunt Excise Case no. 24C of 2021 for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act 2016. As per allegation in the F.I.R 2 liters of country made liquor which is meagre quantity was recovered from open court yard of the petitioner.

Learned counsel for the petitioner submits that petitioner is falsely implicated in this case. . Petitioner has got no criminal antecedent.

Learned Additional Public Prosecutor opposed the

Patna High Court CR. MISC. No.42586 of 2021(2) dt.03-03-2022 2/2 bail prayer of the petitioner and stated that as per provision of Bihar Prohibition and Excise Act 2016, the present anticipatory bail application is not maintainable and recovery was made from possession of the petitioner.

Considering the facts, I am not inclined to enlarge the petitioner on anticipatory bail and hence, his prayer for anticipatory bail stands rejected.

Petitioner is directed to surrender before the court below and seek regular bail.

(Sunil Kumar Panwar, J) N.K/- U