Pooja Kumari @Puja Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43452 of 2022 Arising Out of PS. Case No.-148 Year-2021 Thana- KOPA District- Saran ====================================================== 1.

POOJA KUMARI @PUJA DEVI D/o Mahendra Manjhi Resident of Village - Chainpur, P.s.-Kopa, Distt.- Saran.

2.

Niraj Kumar Manjhi Son of Rajeshwar Manjhi Resident of Village - Chainpur, P.s.-Kopa, Distt.- Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anant Kumar Bhaskar For the Opposite Party/s :

Mr. Shahabuddin Azeem @ S. Azeem ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-10-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State through virtual Court proceedings.

Learned counsel for the petitioners is directed to remove the defects within four weeks.

Petitioners apprehend their arrest in connection with a case registered for the offence punishable u/s 341, 342, 323, 307, 353/34 of the IPC and section 30/30(a)/37(2) of the Bihar Prohibition and Excise Act, 2018.

Altogether 46 litres of illicit liquor is said to have been recovered from the house of Om Prakash Manjhi. Two persons were apprehended from the spot. It is further alleged that when

Patna High Court CR. MISC. No.43452 of 2022(2) dt.14-10-2022 2/3 the police alongwith the apprehended persons proceeded for police station, petitioners and other family members of the caught persons started to set free the arrested persons from the police custody and assaulted the police force with stones and bricks and also damaged the police jeep.

Learned counsel for the petitioners submit that petitioners are quite innocent and have not committed any offence as alleged in the FIR. Petitioners have been falsely implicated in this case at the instance of their enemies. Their name transpired in this case on the basis of secret information. Petitioners have neither been apprehended on the spot nor any incriminating article has been recovered from their conscious physical possession. They have no concern either with the seized liquor or any trade of liquor. Petitioner no.1 is the daughter-in-law of co-accused Om Prakash Manjhi and petitioner no.2 is no way connected to the co-accused or his family. Petitioners have no criminal antecedent, as also mentioned in para-3 of the bail application.

Learned APP opposed the prayer for grant of anticipatory bail.

Having regards to the facts and circumstances of the case, I am not inclined to enlarge the petitioners on bail. The prayer

Patna High Court CR. MISC. No.43452 of 2022(2) dt.14-10-2022 3/3 for grant of anticipatory bail on their behalf is hereby rejected. This application is accordingly, dismissed.

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