Patna High CourtCR. MISC./45387/2021bail rejected

Nilam Devi v. The State Of Bihar

2022-03-07Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45387 of 2021 Arising Out of PS. Case No.-64 Year-2021 Thana- JAGDISHPUR District- Bhagalpur ====================================================== NILAM DEVI Son of Bivishan Das Resident of Village - Pandhaha, P.S.- Godda, Dist.- Godda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Swapnil Kumar Singh For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-03-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending her arrest in connection with Jagdishpur P.S. Case no. 64 of 2021 instituted for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Prosecution case relates to recovery of 11.50 litres IMFL from the car of the petitioner.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has been falsely implicated in this case. She has got no criminal antecedent. She has handed over her car to her driver for his personal use. Neither the petitioner was arrested on spot nor any incriminating

Patna High Court CR. MISC. No.45387 of 2021(3) dt.07-03-2022 2/2 article has been recovered from her conscious possession. Learned APP appearing for the State has opposed the prayer of bail.

Having heard learned counsel for the parties and taking into consideration that the alleged vehicle belongs to the petitioner, from where recovery of illegal liquor has been made, I am not inclined to grant bail to the petitioner and, as such, her application for bail is rejected.

However, if the petitioner surrenders and prays for regular bail, the same may be considered by the court below on its own merit without being prejudiced by this order of rejection.

(Sunil Kumar Panwar, J) sushma/- U