Manisha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38119 of 2023 Arising Out of PS. Case No.-315 Year-2023 Thana- GAYA MUFASIL District- Gaya ====================================================== MANISHA DEVI Wife of Late Laxman Manjhi Resident of Village - Gare Dhankutti, P.s. - Muffasil, Distt. - 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. Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends her arrest in connection with Muffasil P.S. Case No.315 of 2023, registered for the offences punishable u/s 30 (a) of Bihar Prohibition and Excise Amendment Act, 2018.

3.

Altogether 10 liters of country made mahua 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 falsely implicated in this case at the instance of her enemy. She

Patna High Court CR. MISC. No.38119 of 2023(2) dt.01-08-2023 2/2 was not apprehended on the spot and her name transpired in the case only on the basis of secret information. Petitioner has no criminal antecedent.

5.

Learned APP for the State opposed the prayer for bail. 6.

Considering 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.

Accordingly, this application is, dismissed.

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