Manju Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58231 of 2024 Arising Out of PS. Case No.-229 Year-2024 Thana- BAKHARI District- Begusarai ====================================================== Manju Devi Wife of Arjun Chaudhari Resident of Village - Ward No. 11, Khakharua, P.S. - Bakhari, District - Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pritish Kumar Lal For the Opposite Party/s :

Mr.Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-09-2024 Heard learned counsel for the petitioner and Mr. Pramod Kumar Pandey, learned A.P.P. for the State.

2. The petitioner apprehends arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, 20 liters country-made liquor has been recovered from hut of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case on suspicion. No incriminating material has been recovered from the conscious possession of the petitioner and petitioner has got no concern with the aforesaid recovery. Petitioner claims clean antecedent.

5. Learned counsel for the State submits that the

Patna High Court CR. MISC. No.58231 of 2024(2) dt.18-09-2024 2/2 recovery has been made from the hut of the petitioner, as such, this anticipatory bail petition is not maintainable, in view of Full Bench decision of this Court rendered in the case of Ram Vinay Yadav vs. The State of Bihar reported in 2019(2) P.L.J.R. 1089 (F.Β.).

6. Considering the aforesaid decision of this Court, this anticipatory bail petition is dismissed as same is not maintainable.

(Prabhat Kumar Singh, J) anay U T