Petitioner sought anticipatory bail in Bihar Prohibition and Excise Amendment Act case involving recovery of country-made liquor from her hut. Court rejected prayer, holding recovery from her premises precluded bail.
Prayer for grant of anticipatory bail rejected and application dismissed.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.11220 of 2023
Arising Out of PS. Case No.-1028 Year-2022 Thana- SHERGHATI District- Gaya
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TETARI DEVI Wife of Late Basant Chaudhary Resident of Village - Vishunpur, P.S.- Dobhi, District - Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr.Syed Asgher Najmi, Adv. For the Opposite Party/s : Mr.Sunil Kumar Pandey, APP
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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
2 25-04-2023
Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner apprehends her arrest in connection with Sherghati (Dobhi) P.S. Case No.1028 of 2022, registered for the offence punishable u/s 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.
Allegedly 10 litres of country made liquor is said to have been recovered from the house of the petitioner.
It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not committed any offence as alleged in the FIR. She has not been apprehended on the spot nor any incriminating article has been recovered from his conscious physical possession. She has no concern with the recovery of the illicit liquor or any trade of liquor. Petitioner has
Patna High Court CR. MISC. No.11220 of 2023(2) dt.25-04-2023 2/2
no criminal antecedent.
Having regard to the facts and circumstances of the case, since the recovery has been made from the hut of the petitioner, I am not inclined to enlarge her on bail. The prayer for grant of anticipatory bail on her behalf is hereby rejected.
This application is accordingly dismissed.
(Anjani Kumar Sharan, J)
pallavi/-
U T
3 issues framed by the court
Whether the petitionershould be granted anticipatory bail in a case involving recovery of liquor from her residence.
Whether the recovery of illicit liquor from the petitioner's hut warrants refusal of anticipatory bail.
Whether the grant of anticipatory bail would prejudice the investigation into the alleged offence.
1 provisions across 1 enactments
Tetari Devi
The State of Bihar
Anjani Kumar Sharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
