Nagina Noniya @ Nagina v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47397 of 2022 Arising Out of PS. Case No.-130 Year-2022 Thana- MAJHAULIA District- West Champaran ====================================================== NAGINA NONIYA @ NAGINA S/o Chokat Noniya Resident of VillageKaramwa, Ward No.07, P.s.- Majhauliya, District- West Champaran Bettiah, Bihar.

... ... Petitioner/s

Versus

The State Of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner 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 petitioner is apprehending his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He submits that there is no recovery from the conscious possession of the petitioner rather 2 litres of country made

Patna High Court CR. MISC. No.47397 of 2022(2) dt.04-11-2022 2/2 liquor is said to have recovered from the house of the petitioner. He submits that allegation against the he along with other coaccused managed to ran away and police disclosed the name of the petitioner. He further submits that petitioner 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 said recovery is made from the house of the petitioner, I am not inclined to enlarge the petitioner on anticipatory bail in connection with Majhauliya P.S. Case No. 130 of 2022. Accordingly, his prayer for anticipatory bail is hereby rejected.

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