Nisha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37534 of 2022 Arising Out of PS. Case No.-247 Year-2022 Thana- MALSALAMI District- Patna ====================================================== NISHA DEVI Wife of Ranjeet Kumar @ Ranjeet Ray Resident of mohalla - Rikabganj Katra Bajar, P.S.- Malasalami, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashi Shekhar Sharma For the Opposite Party/s :

Mr. H.A. Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-09-2022 Heard the parties.

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. Petitioner apprehends her arrest in connection with a case registered for the offence punishable u/s 30(a) of the Bihar Prohibition and Excise Act, 2018.

Altogether 4.875 litres of country made liquor is said to have been recovered from the house of the co-accused Ranjeet Ray. The allegation against the petitioner is that she along with her husband is involved in the selling and purchasing of illicit liquor.

Learned counsel for the petitioner submits that petitioner

Patna High Court CR. MISC. No.37534 of 2022(2) dt.23-09-2022 2/2 is quite innocent and has not committed any offence as alleged in the FIR. Petitioner has been falsely implicated in this case at the instance of his enemies. Her name transpired in this case on the basis of secret information. Petitioner has neither been apprehended on the spot nor any incriminating article has been recovered from her conscious physical possession. She has no concern either with the seized liquor or any trade of liquor. Petitioner is a lady and she is a house wife. Petitioner has no criminal antecedent.

Considering the aforesaid facts and circumstances, 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. Accordingly, this application is dismissed.

(Anjani Kumar Sharan, J) shikha/- U T