Niriya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43005 of 2023 Arising Out of PS. Case No.-102 Year-2023 Thana- CHAKAI District- Jamui ====================================================== NIRIYA DEVI W/O KEDAR DAS R/O Village- Nauwadih, PS. Chakai, Dist. Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Akhauri Kamal Kishore Sahay, Adv.

For the Opposite Party/s :

Mr.Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-08-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2.

The petitioner apprehends her arrest in connection with Chakai P.S. Case No.102/2023, registered for the offence punishable u/s 272, 273 of the IPC and 30(a) of the Bihar Prohibition and Excise Amendment Act.

3.

Allegedly 8 litres 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 petitioner is quite innocent and has not committed any offence as alleged in the FIR. 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

Patna High Court CR. MISC. No.43005 of 2023(2) dt.10-08-2023 2/2 house is a joint house and other members with separate in meals and prayer reside there. Petitioner has no criminal antecedent. 5.

Having regard to the facts and circumstances of the case, 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. 6.

This application is accordingly dismissed.

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