Nirmala Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34833 of 2023 Arising Out of PS. Case No.-40 Year-2023 Thana- PARSAUNI District- Sitamarhi ====================================================== Nirmala Devi Wife of Rajindra Sahni Resident of Village-Parsauni Mailwar (MALAH Tola), Ward No. 10, P.S -PARSAUNI, District- Sitamarhi. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ritesh Kumar Narain Singh For the Opposite Party/s :

Mr.Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends her arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

17 litres of country made liquor alongwith a gas cylinder and stove have been recovered from the house of the petitioner.

Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. It is submitted that petitioner has got no criminal antecedent as stated in paragraph-3 of the bail application. It is further submitted that there is no compliance of Section 100 Cr.P.C. It is submitted that there is no recovery from the

Patna High Court CR. MISC. No.34833 of 2023(2) dt.24-06-2023 2/2 conscious possession of the petitioner.

Considering the fact that illicit liquor has been recovered from the house of the petitioner, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the prayer for grant of anticipatory bail to the petitioner is hereby rejected in connection with Parsauni P.S. Case No.40 of 2023, pending in the court of learned Exclusive Special Excise CourtII, Sitamarhi. (Anjani Kumar Sharan, J) S.KUMAR/- U T