Lalpari Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76491 of 2023 Arising Out of PS. Case No.-142 Year-2023 Thana- HATHAURI District- Samastipur ====================================================== Lalpari Devi Wife Of Shivshankar Paswan Village- Hariharpur Ps- Hathauri Po- Punma Dharampur Dist- Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar, Advocate For the Opposite Party/s :
Mr. Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-12-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is apprehending her arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He submits that there is no recovery from the conscious possession of the petitioner rather 3 liters of country made liquor is said to have been recovered from the hut of the petitioner. He further submits that allegation against the petitioner is that she managed to ran away from the place of occurrence. He submits that there is no recovery made from the conscious possession of the petitioner. He submits that petitioner has got no criminal antecedent in similar nature of the
Patna High Court CR. MISC. No.76491 of 2023(2) dt.02-12-2023 2/2 offences as stated in para-3 of the bail application.
4. Learned APP for the State opposes the prayer for bail and submits that the said recovery is made from the hut of the petitioner. Hence, she does not deserve bail.
5. Considering the facts and circumstance of the case and the fact that the recovery is made from the hut of the petitioner, I am not inclined to enlarge the petitioner on bail in connection with Hathauri P.S. Case No. 142 of 2023. Accordingly, her prayer for bail is hereby rejected. (Anjani Kumar Sharan, J) ajay/- U T