Nagina Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37424 of 2022 Arising Out of PS. Case No.-369 Year-2020 Thana- BARH District- Patna ====================================================== Sahdeo Ray Son Of Singeshwar Ray Resident Of Village-West Malahi, P.S.- Barh, District-Patna.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 46319 of 2022 Arising Out of PS. Case No.-369 Year-2020 Thana- BARH District- Patna ====================================================== Nagina Rai S/O Late Jaddu Rai Resident Of Village- Pachhiyari Malahi, P.S.- Barh, District- Patna ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 37424 of 2022) For the Petitioner/s :

Mr.Manoj Kumar Pandey For the Opposite Party/s :

Mr.Kanhaiya Kishore (App.100) (In CRIMINAL MISCELLANEOUS No. 46319 of 2022) For the Petitioner/s :

Mr.Ashok Kumar Kashyap For the Opposite Party/s :

Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-11-2022 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Section 30(a)/32 of the Bihar Prohibition and Excise Act.

Patna High Court CR. MISC. No.37424 of 2022(2) dt.04-11-2022 2/3 Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. He submits that there is no recovery from the conscious possession of the petitioners rather 277 liters of country made liquor, huge quantity of Jawa Mahua, punching machine and other articles are said to have recovered from the place of occurrence. He submits that the apprehended person disclosed the name of the petitioners and other co-accused person. He submits that the similarly situated co-accused has already been granted anticipatory bail by coordinate Bench of this Court. He further submits that petitioner in Cr. Misc. No. 37424 of 2022 has one criminal antecedent and petitioner in Cr. Misc. No. 46319 of 2022 has no criminal antecedent as stated in para-3 of the bail application.

Considering the facts and circumstance of the case and the fact that the petitioners are the members of the syndicate who indulged in manufacturing the illicit liquor, I am not inclined to enlarge the petitioners on bail. Accordingly, their prayer for anticipatory bail is rejected in connection with Barh P.S. Case No. 369 of 2020.

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

Patna High Court CR. MISC. No.37424 of 2022(2) dt.04-11-2022 3/3