Nirmala Devi v. The State Of Bihar
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IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72137 of 2022 Arising Out of PS. Case No.-927 Year-2022 Thana- MUFFASIL District- West Champaran ====================================================== NIRMALA DEVI Wife of Late Bikau Dhangar Resident of Village - I.T.I., Dhangar Toli, Jai Prakash Nagar, P.S.- Bettiah Mufassil, District - West Champaan.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjeev Kumar For the Opposite Party/s :
Mrs.Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-12-2022 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
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 2 liter of country made liquor and 60 liters raw mixture of nausadar and gur is said to have recovered from the hut of the petitioner. He submits that local persons disclosed the name of the petitioners to the police. He further submits that petitioner has no criminal antecedent as
Patna High Court CR. MISC. No.72137 of 2022(2) dt.23-12-2022 2/2 stated in para-3 of the bail application.
Learned A.P.P. for the State opposes the prayer for bail and submits that the allegations levelled against the petitioner is serious in nature. Therefore, he does not deserve anticipatory bail.
Considering the facts and circumstance of the case and the fact that the said recovery is made from the hut of the petitioner, I am not inclined to enlarge the petitioner in connection with Bettiah Mufassil P.S. Case No. 927/2022. Accordingly, his prayer for anticipatory bail is hereby rejected.
(Anjani Kumar Sharan, J) ajay/- U T