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
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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
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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
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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