Patna High CourtCR. MISC./46279/2021bail rejected

Sanju Devi v. The State Of Bihar

2022-03-04Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46279 of 2021 Arising Out of PS. Case No.-44 Year-2020 Thana- AIRPORT District- Patna ====================================================== SANJU DEVI Wife of Amarjeet Manjhi Resident of Mohalla- Jagdev Path Musahari, Police Station- Hawai Adda, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No2 For the Opposite Party/s :

Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-03-2022 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 Hawai Adda P.S. Case no. 44 of 2020 instituted for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Prosecution case relates to recovery of 6 litres country made wine from the house 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. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from her conscious and constructive

Patna High Court CR. MISC. No.46279 of 2021(2) dt.04-03-2022 2/2 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 house 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 keeping in mind that quantity of recovery of liquor is very meager.

(Sunil Kumar Panwar, J) sushma/- U