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Patna High CourtCR. MISC./38121/2022dismissed

Saro Devi @ Saroj Devi v. The State Of Bihar

2022-09-23Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38121 of 2022 Arising Out of PS. Case No.-315 Year-2022 Thana- BARACHATTI District- Gaya ====================================================== SARO DEVI @ SAROJ DEVI W/O LATE GAURI CHAUDHARY @ GORE LAL CHAUDHARY Resident of Village- Pratapi, P.S.- Barachatti, District- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinod Kumar For the Opposite Party/s :

Mr.Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-09-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

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. The petitioner apprehends her arrest in connection with Barachatti P.S. Case No.315 of 2022, registered for the offence punishable under Sections 30(a)(c) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

Allegedly 4 litres of country made liquor and 500 litres soaked jawa Mahua is said to have been recovered from the house of the petitioner

Patna High Court CR. MISC. No.38121 of 2022(2) dt.23-09-2022 2/2 It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not committed any offence as alleged in the FIR. She has been falsely implicated in this case due to ulterior motive. She has not been apprehended on the spot nor any incriminating article has been recovered from her conscious physical possession. She has no concern with the recovery of the illicit liquor or any trade of liquor. The said house from where recovery has been made is a joint house of the petitioner where other members also reside. Petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, since the 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.

This application is accordingly dismissed.

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