Marachhiya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44075 of 2025 Arising Out of PS. Case No.-2000 Year-2024 Thana- PHULWARISHARIF District- Patna ====================================================== Marachhiya Devi W/o Late Gullu Khaliffa R/o Village- Khagaul Lkh, P.S.- Phulwarisarif, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binay Kumar Singh, Advocate For the Opposite Party/s :

Mr. Akshay Lal Pandit, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-07-2025 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. appearing on behalf of the State.

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

3. As per prosecution case, total 24 litres illicit liquor was recovered from the hut of this petitioner.

4. Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. No incriminating material has been recovered from the conscious possession of this petitioner and she is in no way connected with the aforesaid recovery. Petitioner claims clean antecedent.

5. On the other hand, learned APP appearing for the

Patna High Court CR. MISC. No.44075 of 2025(2) dt.08-07-2025 2/2 State submits that petitioner is not entitled to the privilege of anticipatory bail in view of decision of the Full Bench of this Hon'ble Court rendered in the case of Ram Vinay Yadav vs. The State of Bihar reported in 2019(2) P.L.J.R. 1089 (F.B.).

6. Considering the nature of accusation and aforesaid decision of this Court, the prayer for grant of anticipatory bail to this petitioner is rejected.

(Prabhat Kumar Singh, J) Neha/- U T