Urpramila Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47469 of 2019 Arising Out of PS. Case No.-167 Year-2019 Thana- JAYNAGAR District- Madhubani ====================================================== URPRAMILA DEVI wife of Raj Kumar Sahni Resident of Village - Usrahi, P.S. - Deodha, District - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ratanakar Jha For the Opposite Party/s :

Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 13-09-2019 The petitioner apprehends her arrest in connection with Jaynagar P.S.Case No. 167 of 2019 registered under Sections 272 and 273/34 of the Indian Penal Code and 30(a) of the Bihar Prohibition and Excise Act.

Allegation against the petitioner, as per FIR, is that fish shop of the petitioner was raided by the police and in total 15 litres Nepali country made liquor was recovered from her shop. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case merely on the basis of suspicion. He submits that petitioner is widow and the shop from where illicit liquor was recovered does not belong to her.

After having heard learned counsel for the parties and taking into consideration the fact that as per FIR and seizure list,

Patna High Court CR. MISC. No.47469 of 2019(3) dt.13-09-2019 2/2 illicit liquor has been recovered from the shop of the petitioner as such a prima facie case under the Excise Act is made out against the petitioner. Therefore, in view of the Full Bench judgment passed in Cr. Appeal (SJ) No. 431 of 2019, I am not inclined to exercise my discretion for grant of privilege of anticipatory bail to the petitioner as such the same is rejected. (Anil Kumar Sinha, J) sujit/- U T