Patna High CourtCR. MISC./7057/2024disposed

Tateri Devi v. The State Of Bihar

2024-02-19Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7057 of 2024 Arising Out of PS. Case No.-533 Year-2023 Thana- ARWAL District- Jehanabad ====================================================== Tateri Devi W/O Jitendra Manjhi R/o Vill.- Konika Musahari,P.S.-Arwal, Dist.- Arwal.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nitya Nand Neeraj For the Opposite Party/s :

Mr. Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 19-02-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending her arrest in connection with Arwal P.S. Case No. 533 of 2023 dated 13.10.2023 for the offences punishable u/s 30(a), 30(c) of the Bihar Prohibition and Excise Act, 2018.

3. As per the prosecution case, total 10 litres of illicit country made liquor and other utensils were recovered from the first house of the petitioner and 2.5 liters of illicit country made liquor was recovered from the second house of the petitioner.

4. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. The petitioner has been made accused on the basis of secret

Patna High Court CR. MISC. No.7057 of 2024(2) dt.19-02-2024 2/2 information. It is further submitted that the petitioner has no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no criminal antecedents as stated in para 3 of the bail petition.

5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner by submitting that the recovery has been made from the house of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, the recovery has made from the house of the petitioner, I am of the view that no case for grant of anticipatory bail is made out and the same is disposed of with direction to the petitioner to surrender before the Court below concerned within six weeks from today and pray for regular bail and the learned Court below shall consider the prayer for regular bail of the petitioner on the same day without being prejudiced by this order.

7. The application stands disposed of.

(Chandra Prakash Singh, J) annpurna/- U T