Kunti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37679 of 2023 Arising Out of PS. Case No.-530 Year-2023 Thana- GAYA MUFASIL District- Gaya ====================================================== KUNTI DEVI Wife of Dobhi Sao @ Rajesh Sao Resident of village - Gere Dhankutti, P.S. - Muffasil, Distt. - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Promad Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-07-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2.

The petitioner apprehends her arrest in connection with Muffasil P.S. Case No.530 of 2023, registered for the offence punishable u/s 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.

3.

Allegedly 39.5 litres of foreign liquor is said to have been recovered from the house of the petitioner, who fled away from the spot on seeing the police.

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 been made accused in

Patna High Court CR. MISC. No.37679 of 2023(2) dt.31-07-2023 2/2 this case on the basis that recovery has been made from her house. Petitioner has no concern with the recovery of the illicit liquor or any trade of liquor. The real fact is that the recovery has been made from the house of the co-accused. Petitioner has two 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