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Patna High CourtCR. MISC./59920/2019bail rejected

Manju Devi v. The State Of Bihar

2019-09-23Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59920 of 2019 Arising Out of PS. Case No.-215 Year-2019 Thana- PUNPUN District- Patna ====================================================== MANJU DEVI, Wife of Late Santosh Singh Resident of Kela Bagan, P.S.- Punpun, District-Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr.Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 23-09-2019 Heard leaned counsel for the petitioner and the leaned A.P.P. for the State.

The petitioner apprehends her arrest in connection with Punpun P.S. Case No. 215 of 2019, registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, pending in the court of learned Special Judge, Excise, Patna. The accusation is that in course of patrolling duty, when informant reached near south of Kameshwar Singh Memorial then one person was seen on motorcycle keeping a bag. On seeing the Police personnel, the motorcyclist tried to flee away, but on chase, he was apprehended, who disclosed his name Santosh Kumar Singh. On search, 19 bottles, each containing 375 ML of Indian made foreign liquor recovered. On inquiry, he also disclosed regarding purchasing

Patna High Court CR. MISC. No.59920 of 2019(2) dt.23-09-2019 2/2 of same from the house of petitioner Manju Devi. Thereafter, informant along with other Police personnel reached at the house of petitioner. On search, 149 bottles, each containing 750 ML, Indian made foreign liquor kept in four plastic bags recovered from the asbestos room adjacent to the house of petitioner.

Learned counsel appearing on behalf of the petitioner submits that the alleged 149 bottles of Indian made foreign liquor recovered from the asbestos room, which is adjacent to the house of petitioner and accessible to anyone. The petitioner has no criminal antecedent.

Having considered the facts and circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, her prayer for grant of anticipatory bail stands rejected. The petitioner is directed to surrender before the trial Court within four weeks and pray for regular bail, which would be considered by the trial Court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) manish/- U T