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HIGH COURT OF PATNA
MALA DEVI – Appellant
Versus
The State – Respondent
CR. MISC./60034/2022



IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60285 of 2022

Arising Out of PS. Case No.-481 Year-2022 Thana- MANER District- Patna

======================================================

RAJ KUMAR NUTT @ RAJ KUMAR NAT S/o Late Umesh Nutt R/o Nutt

Tola, Kazi Mohalla, P.S.- Maner, Distt- Patna.

... ... Petitioner/s

Versus

The State of Bihar Bihar

... ... Opposite Party/s

======================================================

with

CRIMINAL MISCELLANEOUS No. 60034 of 2022

Arising Out of PS. Case No.-481 Year-2022 Thana- MANER District- Patna

======================================================

MALA DEVI Wife of Giddi Nutt @ Mukesh Nutt Resident of Nutt Tola, Kazi

Mohalla, P.S.- Maner, District - Patna.

... ... Petitioner/s

Versus

The State of Bihar Bihar

... ... Opposite Party/s

======================================================

Appearance :

(In CRIMINAL MISCELLANEOUS No. 60285 of 2022)

For the Petitioner/s

:

Mr.Sanjay Kumar Singh

For the Opposite Party/s :

Mr.Humayou Ahmad Khan

(In CRIMINAL MISCELLANEOUS No. 60034 of 2022)

For the Petitioner/s

:

Mr.Sanjay Kumar Singh

For the Opposite Party/s :

Mr.Humayou Ahmad Khan

======================================================

CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN

ORAL ORDER

2

02-12-2022

Heard learned counsel for the petitioners and learned

APP for the State through virtual court proceedings.

The petitioners apprehend their arrest in a case

registered for the offence punishable under Section 30(a) of the

Bihar Prohibition and Excise Act.

The police has recovered 20 litres of illicit country

made liquor and disposable glasses from the house of petitioner,

Raj Kumar Nutt @ Raj Kumar Nat (Cr. Misc. No.60285 of 2022)

and 10 litres of country made liquor and disposable glasses from

Patna High Court CR. MISC. No.60285 of 2022(2) dt.02-12-2022

2/2

the house of petitioner, Mala Devi (Cr. Misc. No.60034 of 2022).

Learned counsel for the petitioners submits that

petitioners are innocent and have falsely been implicated in the

present case. It is submitted that the petitioner Raj Kumar Nutt @

Raj Kumar Nat has got one criminal antecedent and petitioner

Mala Devi has got no criminal antecedent as stated in paragraph-3

of the bail application. It is further submitted that nothing has been

recovered from the conscious possession of the petitioners. It is

also submitted that there is no compliance of Section 100 Cr.P.C.

Learned APP for the State opposed the prayer for

anticipatory bail of the petitioners by submitting that the illicit

country made liquor has been recovered from the house of both the

petitioners.

Taking into consideration the facts aforesaid, I am not

inclined to enlarge the petitioners on anticipatory bail.

Accordingly, the prayer for anticipatory bail of the petitioners is

rejected in connection with Maner P.S. Case No.481 of 2022,

pending in the court of learned Special Judge, Excise, Danapur,

Patna.

Sanjay/-

(Anjani Kumar Sharan, J)

U

T

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