Patna High CourtCR. MISC./36452/2019bail rejected

Anita Devi v. The State Of Bihar

2019-08-29Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36452 of 2019 Arising Out of PS. Case No.-137 Year-2019 Thana- KRITYANAND NAGAR DistrictPurnia ====================================================== Anita Devi, Wife of Viren Mahto Resident of Village - Champa Nagar, P.S.- K. Nagar (Champa Nagar O.P.), District- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr.Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 29-08-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Petitioner apprehends his arrest in connection with K. Nagar (Champa Nagar) P.S. Case No.137 of 2019 for the offence punishable under Sections 272, 273 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act, 2016.

The allegation against the petitioner is that shop of the petitioner was raided by the police and total quantity of 7.500 litres of country-made illicit wine was recovered from the vegetable shops of the petitioner.

Mr. Ram Prawesh Kumar, learned counsel appearing for the petitioner submits that petitioner has falsely been

Patna High Court CR. MISC. No.36452 of 2019(3) dt.29-08-2019 2/2 implicated in this case inasmuch as no independent witness has put his signature in the seizure list. During the course of investigation, no witness has come forward to say anything against the petitioner.

After having heard learned counsel for the petitioner as well as learned counsel appearing on behalf of the State and taking into consideration the fact that from perusal of the FIR and the seizure list, it transpires that the illicit liquor has been recovered from the vegetable shop of the petitioner, accordingly, in view of Full Bench judgment passed in Cr. Appeal (SJ) No.431 of 2019, I am not inclined to exercise my discretion under Section 438 of Cr.P.C. As such the present anticipatory bail application is hereby rejected.

(Anil Kumar Sinha, J) sanjeev/- U T