Patna High CourtCR. MISC./372/2024dismissed

Rinku Devi v. The State Of Bihar

2024-02-06Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.372 of 2024 Arising Out of PS. Case No.-145 Year-2023 Thana- NOWKOTHI GARHPURA DistrictBegusarai ====================================================== RINKU DEVI W/O PAPPU PASWAN Resident of Village- Dumaria, Ward No. 7, Razakpur, P.S.- Nawkothi, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sandip Kr Gautam, Adv.

For the Opposite Party/s :

Mr.Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-02-2024 Heard the parties.

2. The petitioner apprehends her arrest in connection with Nawkothi P.S. Case No.145 of 2023, registered for the offences punishable u/s 30(a) and 41(1) of Bihar Prohibition Excise Act, 2018.

3. Altogether 5 litres of country made liquor is said to have been recovered from the house of the petitioner.

4. It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has committed no offence. She has been falsely implicated in this case due to ulterior motive. 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

Patna High Court CR. MISC. No.372 of 2024(2) dt.06-02-2024 2/2 was not apprehended on the spot and her name transpired in the case on the basis that from her house, recovery has been made but the said house is a joint house of the petitioner. Petitioner has no criminal antecedent.

5. Having regard to the facts and circumstances of the case and considering that the recovery has been made from the house of the petitioner, I am not inclined to enlarge her on anticipatory bail. The prayer for grant of bail on behalf of the petitioner is hereby rejected.

6. Accordingly, this application is dismissed. (Anjani Kumar Sharan, J) pallavi/- U T