Patna High CourtCR. MISC./86035/2023dismissed

Rekha Devi v. The State Of Bihar

2024-01-18Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86035 of 2023 Arising Out of PS. Case No.-326 Year-2023 Thana- CHAUTHAM District- Khagaria ====================================================== Rekha Devi W/o Indradeo Singh R/ovill-Hardiya, P.S-Chautham, Distt.- Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Sumiran Rai For the Opposite Party/s :

Mr.Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-01-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

2. The petitioner seeks anticipatory bail in connection with Chautham P.S. Case No. 326 of 2023, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022.

3. As per F.I.R., allegation against the petitioner is that 105 litres of foreign liquor has been recovered from the house of the petitioner. The two accused persons fled away from the place of occurrence. The two accused persons who fled away is sons of the petitioner.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in the present case. Petitioner has clean antecedent. Nothing incriminating articles

Patna High Court CR. MISC. No.86035 of 2023(2) dt.18-01-2024 2/2 were recovered from the house of the petitioner.

5. Learned APP has opposed the prayer for bail.

6. Considering the aforesaid submission of the parties and also that the illicit liquor has been recovered from the house of the petitioner, I am not inclined to grant anticipatory bail to the petitioner.

7. Hence, her prayer for anticipatory bail stands rejected.

8. However, if the petitioner surrenders before the learned Court below within a period of six weeks from today and seeks regular bail, the learned Court below would pass the order, preferably, on the same day, without being prejudiced by this order.

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