Patna High CourtCR. MISC./43519/2023dismissed

Sangita Devi @ Munni Devi v. The State Of Bihar

2023-08-18Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43519 of 2023 Arising Out of PS. Case No.-193 Year-2023 Thana- BHANGWANPUR HAT District- Siwan ====================================================== Sangita Devi @ Munni Devi Wife Of Govind Ram Resident Of VillageNagwan, Ps- Bhagwanpur Hat, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijay Prakash Singh For the Opposite Party/s :

Mrs. Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending her arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He submits that there is no recovery from the conscious possession of the petitioner rather 2 liters of country made liquor is said to have recovered from the house of the petitioner. He submits that the petitioner was not present at the place of occurrence nor any incriminating article has been recovered from the person or possession of the petitioner. He submits that the petitioner is a lady. He further submits that petitioner has got no criminal antecedent as stated in para-3 of the bail application.

Patna High Court CR. MISC. No.43519 of 2023(2) dt.18-08-2023 2/2

4. Learned APP for the State opposes the prayer for bail and submits that the recovery is made from the house of the petitioner. Hence, she does not deserve anticipatory bail.

5. Considering the facts and circumstance of the case and the fact that the recovery is made from the house of the petitioner, I am not inclined the enlarge the petitioner on bail in connection with Bhagwanpur Hat P.S. Case No. 193 of 2023. Accordingly, her application for anticipatory bail is hereby rejected.

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