Puja Devi @ Puja Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67415 of 2021 Arising Out of PS. Case No.-343 Year-2021 Thana- BARAUNI District- Begusarai ====================================================== PUJA DEVI @ PUJA KUMARI Wife of Shivam Paswan @ Shivshankar Paswan @ Shivan Paswan Resident of village - Habaspur, Ward No.- 14, P.S.- Barauni, District - Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sandip Kumar Gautam For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-04-2022 Heard the parties through virtual Court proceedings. Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within undertaken period, office will place the matter before the Bench. Petitioner apprehends her arrest in connection with Barauni P.S. Case No.343 of 2021, registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act, 2018.

Altogether, 6 litres of country made liquor is said to have been recovered from the house of the petitioner and it is alleged that petitioner fled away from the spot on seeing the police. Learned counsel for the petitioner submits that petitioner

Patna High Court CR. MISC. No.67415 of 2021(2) dt.01-04-2022 2/2 is quite innocent and has not committed any offence as alleged in the FIR. She has been falsely implicated in this case merely on suspicion. Petitioner has neither been apprehended on the spot nor any incriminating article has been recovered from the conscious possession of the petitioner. Petitioner has no concern either with the seized liquor or any trade of liquor. The said recovery is said to have been made from the hut of the petitioner but at that time, no one was present in the hut and it was not locked. Petitioner has no criminal antecedent, as also mentioned in para-3 of this application.

Considering the aforesaid facts and circumstances, since the recovery has been made from the hut of the petitioner, I am not inclined to grant the privilege of anticipatory bail to her. The prayer for anticipatory bail to the petitioner named above is hereby rejected.

This application is accordingly dismissed.

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