Patna High CourtCR. MISC./44704/2023bail rejected

Lalo Devi @ Sunita Devi v. The State Of Bihar

2023-08-09Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44704 of 2023 Arising Out of PS. Case No.-509 Year-2021 Thana- GARDANIBAG District- Patna ====================================================== LALO DEVI @ SUNITA DEVI, W/o SANJAY PASWAN, Permanent Resident of Vishnupuri, P.S- Gardanibagh, Patna. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Syed Waquar Haider, Advocate For the Opposite Party/s :

Ms. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 09-08-2023

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of anticipatory bail apprehending her arrest in connection with Gardanibagh P.S. Case no. 509 of 2021, registered under section 30(a)/34 of Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, on an information having been received about the petitioner and her family members being involved in the business of liquor it is stated that a raid was conducted, the petitioner along with others were caught at the place of occurrence and 82.75 litres of liquor was recovered.

4. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case only on account of her in-laws being involved in other cases. It is

Patna High Court CR. MISC. No.44704 of 2023(2) dt.09-08-2023 2/2 further submitted that the alleged place of recovery ie the house does not belong to the petitioner but to the in-laws of the petitioner, her husband and the joint family. She along with her kids are living at her father's place and the petitioner has no criminal antecedent.

5. Heard learned A.P.P for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegation against the petitioner in the F.I.R, according to which 82.75 litres of liquor was recovered from the house of the petitioner together with the petitioner having been arrested at the spot, the Court is not inclined to enlarge the petitioner on anticipatory bail and the application is rejected.

7. The petitioner is directed to surrender in the learned trial Court within a period of four weeks.

(Partha Sarthy, J) avinash/- U T