Patna High CourtCR. MISC./52295/2024dismissed

Babita Devi v. The State Of Bihar

2024-08-31Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52295 of 2024 Arising Out of PS. Case No.-139 Year-2024 Thana- PARAIYA District- Gaya ====================================================== Babita Devi wife of Dinesh Dhaudhary Village- Bagahi Ps- Paraiya DistGaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prithivi Raj Singh, Adv.

For the Opposite Party/s :

Mrs.Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends her arrest in connection with Paraiya P.S. Case No.139 of 2024, registered for the offences punishable u/s 30(a) of Bihar Prohibition & Excise Amendment Act, 2022.

3. Altogether 10 litres of country made liquor is said to have been recovered from the house of the petitioner.

4. It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has committed no offence. She has been falsely implicated in this case due to ulterior motive. No incriminating article has been recovered from the conscious physical possession of the petitioner. She has no concern either with the seized liquor or any trade of liquor. She

Patna High Court CR. MISC. No.52295 of 2024(2) dt.31-08-2024 2/2 was not apprehended on the spot and her name transpired in the case on the basis that from her house, recovery has been made but the same is an abandoned house. Petitioner has no criminal antecedent.

5. Having regard to the facts and circumstances of the case and considering that the recovery has been made from the house of the petitioner, I am not inclined to enlarge her on anticipatory bail. The prayer for grant of bail on behalf of the petitioner is hereby rejected.

6. Accordingly, this application is dismissed. (Anjani Kumar Sharan, J) pallavi/- U T