Basmati Devi vs The State Of Bihar on 30 August, 2023

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Patna High Court - Orders

Basmati Devi vs The State Of Bihar on 30 August, 2023

Bench: Jitendra Kumar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.56475 of 2023
                        Arising Out of PS. Case No.-282 Year-2022 Thana- AMNAUR District- Saran
                 ======================================================
                 Basmati Devi Wife Of Suresh Ray Resident Of Village - Kaituka Lachchhi,
                 Police Station - Amnour, District - Saran (Chapra)

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State Of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Sachida Nand Rai
                 For the Opposite Party/s :       Mr.Lakshmi Kant Sharma
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
                                       ORAL ORDER

2   30-08-2023

Heard the learned counsel for the petitioner and the State.

2. The petitioner seeks bail, apprehending her arrest, in connection with Amnour P.S. Case No. 282 of 2022, registered for the offences punishable under Section 414 of the IPC and Sections 30 and 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per allegation, 89.250 litres of illicit liquor was recovered from the house of the petitioner.

4. The learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that recovery of illicit liquor has been made from the joint family house.

5. It is also stated in paragraph no. 2 of the bail Patna High Court CR. MISC. No.56475 of 2023(2) dt.30-08-2023 2/2 petition that the petitioner has not moved this Court earlier for anticipatory bail in this case.

6. It has further been stated that the petitioner has no criminal antecedent.

7. However, the learned APP for the State has opposed the prayer for bail and submits that recovery of illicit liquor has been made from the house of the petitioner. Hence, prima facie, case under the Bihar Prohibition and Excise Act is made out against the petitioner and the present anticipatory application is not maintainable.

8. Considering the aforesaid facts and circumstances, prima facie, case under the Bihar Prohibition and Excise Act is made out against the petitioner. Hence, the present anticipatory bail application is not maintainable.

9. Accordingly, the present anticipatory bail application is dismissed as not maintainable.

(Jitendra Kumar, J) Amrendra/-

U     T

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Patna High Court - Orders