Patna High CourtCR. MISC./78750/2023dismissed

Fulkuvari Devi v. The State Of Bihar

2024-02-09Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78750 of 2023 Arising Out of PS. Case No.-445 Year-2023 Thana- SAHPUR District- Bhojpur ====================================================== Fulkuvari Devi Wife Of Late Jay Shankar Chaudhary @ Jay Shankar Pasi R/O Village- Rani Sagar, P.S.- Shahpur, District- Bhojpur, Pin Code- 802165 (BIHAR) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhay Kumar Pandey For the Opposite Party/s :

Mr. Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in Shahpur P.S. Case No. 445 of 2023 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018, pending in the Court of learned Exclusive Special Judge Excise Court No. II, Bhojpur, Ara.

3. The allegation against the petitioner is that 15 liters of country made liquor was recovered from his house.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that

Patna High Court CR. MISC. No.78750 of 2023(3) dt.09-02-2024 2/2 the nothing has been recovered from the conscious possession of the petitioner. The petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of case, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected.

7. However, if the petitioner surrenders before the learned Court below within six weeks from today and seek regular bail, the learned Court below would pass order on the same day in accordance with law without being prejudiced by this order, considering the fact that the petitioner is a senior citizen and female.

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