Kiran Devi @ Kaushalya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52128 of 2023 Arising Out of PS. Case No.-86 Year-2023 Thana- KASMA District- Aurangabad ====================================================== Kiran Devi @ Kaushalya Devi, Wife of Raghunandan Choudhari, Resident of Village-Mahuain, P.S.-Kiasma, District-Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binod Kumar Pandey, Adv.

For the Opposite Party/s :

Ms. Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending her arrest in connection with Kasma P.S. Case No.86 of 2023 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. Learned counsel for the petitioner submits that petitioner is an innocent lady and has been falsely implicated in this case. He submits that there is no recovery from the conscious possession of this petitioner rather 10 litres of country-made liquor (Mahua) is said to have been recovered from the house of this petitioner. He submits that the allegation against this petitioner is that she managed to run away from the place of occurrence. He submits that there is no independent

Patna High Court CR. MISC. No.52128 of 2023(2) dt.19-08-2023 2/2 witness of the search and seizure of the seized liquor. He further submits that the petitioner has no criminal antecedent as stated in para-3 of the bail application.

4. Having regard to the facts and circumstances of the case and recovery of the seized liquor from the house of this petitioner, I am not inclined to enlarge her on anticipatory bail.

5. The prayer for anticipatory bail of the petitioner is hereby rejected.

(Anjani Kumar Sharan, J.) Maynaz/- U T