Patna High Court - Orders
Mso Shiv Kumari Devi vs The State Of Bihar on 9 August, 2019
Author: Vinod Kumar Sinha
Bench: Vinod Kumar Sinha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49910 of 2019
Arising Out of PS. Case No.-164 Year-2019 Thana- JAYNAGAR District- Madhubani
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MSO SHIV KUMARI DEVI Wife of Late Chhotu Pasi Resident of Village -
Bhelwa Tol, P.S.- Jaynagar, District- Madhubani
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Gagan Deo Yadav
For the Opposite Party/s : Mr.Parmanand Prasad
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CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA
ORAL ORDER
2 09-08-2019Petitioner seeks bail in anticipation of her arrest in connection with Jaynagar P.S. Case No. 164 of 2019 registered for the offences under Sections 272, 273, 290 of the Indian Penal Code and Sections 30(a) and 37(C) of Bihar Prohibition and Excise Act.
Prosecution story is that during patrolling police raided the hut situated near Kamla Nahar Bandh and from the hut the recovered 15 litres of Nepali liquor and one person has been apprehended, who disclosed the name of Md. Salim, who was in drunken condition, and villagers disclosed that the hut is of the petitioner.
Submission of learned counsel for the petitioner is that she has falsely been implicated, which will appear from the seizure list that shows this is an old house of the petitioner. Patna High Court CR. MISC. No.49910 of 2019(2) dt.09-08-2019 2/2 Heard learned APP, who has opposed the prayer for anticipatory bail on the ground recovery has been made and the name of the petitioner has been disclosed by the villagers not by the police.
In view of above facts and circumstances, I am not inclined to grant the privilege of anticipatory bail to the petitioner. However, she should surrender and pray for regular bail, which shall be considered on its own merit, without being prejudiced by this order.
Accordingly, this application is dismissed.
(Vinod Kumar Sinha, J) spal/-
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