Chinta Devi @ Naiki Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37554 of 2023 Arising Out of PS. Case No.-1053 Year-2022 Thana- SHERGHATI District- Gaya ====================================================== CHINTA DEVI @ NAIKI DEVI WIFE OF LATE LALA MANJHI RESIDENT OF VILLAGE- CHILIM WARD NO. 5, PS- SHERGHATI, DISTRICT- GAYA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prithivi Raj Singh For the Opposite Party/s :

Mrs.Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends her arrest in connection with Sherghati P.S. Case No.1053 of 2022, registered for the offences punishable u/s 30 (a) of Bihar Prohibition and Excise Amendment Act, 2018.

3.

Altogether 4 liters of country made liquor is said to have been recovered from the house of the petitioner. 4.

It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has committed no offence. No incriminating article has been recovered from the conscious physical possession of the petitioner. She has no concern either with the seized liquor or any trade of liquor. She has been

Patna High Court CR. MISC. No.37554 of 2023(2) dt.31-07-2023 2/2 falsely implicated in this case at the instance of her enemy. It is further submitted that the alleged recovery has been made from the joint house of the petitioner and other persons also resides in that house. Petitioner has no criminal antecedent. 5.

Learned APP for the State opposed the prayer for grant of bail.

6.

Having regard to the facts and circumstances of the case as the recovery has been made from the house of the petitioner, I am not inclined to enlarge the petitioner on bail. The prayer for grant of bail on her behalf is hereby rejected. 7.

This application is, accordingly, dismissed.

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