Mano Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56459 of 2022 Arising Out of PS. Case No.-373 Year-2022 Thana- WAJIRGANJ District- Gaya ====================================================== MANO DEVI wife of Late Kamlesh Choudhary Resident of Village - Amethi, Tola - Mahuyet, P.S. - Wazirganj, District - Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar Singh For the Opposite Party/s :

Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-11-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State through virtual mode. The petitioner apprehends her arrest in connection with Wazirganj P.S. Case No.373 of 2022, registered for the offence punishable u/s 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.

Allegedly 10 litres of country made liquor is said to have been recovered from the house of the petitioner, who fled away from the spot on seeing the police.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not committed any offence as alleged in the FIR. She has not been apprehended on the spot nor any incriminating article has been recovered from her conscious physical possession. She has been made accused in

Patna High Court CR. MISC. No.56459 of 2022(2) dt.18-11-2022 2/2 this case only on suspicion. She has no concern with the recovery of the illicit liquor or any trade of liquor. Peititoner is a widow lady and the house from where alleged recovery has been made is the joint house of the whole family members of petitioner. Petitioner has no criminal antecedent. Having regard to the facts and circumstances of the case, since the recovery has been made from the house of petitioner, I am not inclined to enlarge her on bail. The prayer for grant of anticipatory bail on her behalf is hereby rejected. This application is accordingly dismissed.

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