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Patna High CourtCR. MISC./42638/2019dismissed

Baudhi Devi v. The State Of Bihar

2019-07-10Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42638 of 2019 Arising Out of PS. Case No.-80 Year-2019 Thana- BUNIYAD GANJ District- Gaya ====================================================== BAUDHI DEVI Wife of Late Naresh Manjhi Resident of Village- Mahuar Kala, P.S.- Buniyadganj, District- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prithivi Raj Singh For the Opposite Party/s :

Mr.Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-07-2019 Heard the parties.

The petitioner is apprehending his arrest in connection with Buniyadganj P.S.Case No.80 of 2019 dated 29.5.2019, registered for offences punishable under Sections 30(a), 37 (b) (c) of the Bihar Prohibition and Excise Act, 2016. Allegation against the petitioner is about recovery of 03 ltrs. of liquor from the plastic bag from the house of the petitioner.

Submission of the learned counsel for the petitioner is that he has been falsely implicated in this case, having no criminal antecedent.

Heard learned A.P.P. , who has opposed the prayer for bail on the ground that the recovery is from her house, as such this application is not maintainable..

Patna High Court CR. MISC. No.42638 of 2019(2) dt.10-07-2019 2/2 Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant bail to the petitioner, however, the petitioner is directed to surrender before the learned court below and pray for regular bail, which will be considered on its own merit and if possible to be disposed of on the same day.

(Vinod Kumar Sinha, J) chn/- U T