Nirjla Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68476 of 2022 Arising Out of PS. Case No.-151 Year-2022 Thana- BABUBARHI District- Madhubani ====================================================== NIRJLA DEVI Wife of Harindra Paswan R/V- Mohanpur, P.S- Babubarhi, Dist- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Md. Soban Asghar For the Opposite Party/s :
Mr. Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-01-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual Court proceedings. The petitioner apprehends her arrest in connection with Babubarhi P.S. case no.151 of 2022, registered for the offences punishable u/s 272, 273 of IPC and 30 (a) of Bihar Prohibition and Excise Act, 2018.
Altogether 14 liters of illicit liquor is said to have been recovered from the house of the petitioner.
It is submitted by learned counsel for the petitioner is quite innocent and has committed no offence. 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 has been falsely implicated in this case at the instance of her enemy. She was not
Patna High Court CR. MISC. No.68476 of 2022(2) dt.06-01-2023 2/2 apprehended on the spot and her name transpired in the case only on the basis that she is owner of the said house but the fact is that it is a joint house of co-sharer of family members. Petitioner has no criminal antecedent.
Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, as the alleged liquor has been recovered from the house of the 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) shikha/- U T