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2025 DAILYLAW 34044 (PAT)

Sweta Kumari @ Shweta Kumari v. The State of Bihar

CR. MISC./28113/2025 · 2025-05-13

Prabhat Kumar Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.28113 of 2025 Arising Out of PS. Case No.-38 Year-2025 Thana- RAJAPAKAR District- Vaishali ====================================================== 1. Sweta Kumari @ Shweta Kumari W/O Sanjeet Kumar @ Sanjeet Rai Resident of Village- Bhauli, P.S.- Rajapakar, District- Vaishali, Bihar 2. Beauty Kumari W/O Rajnish Kumar Resident of Village- Bhauli, P.S.- Rajapakar, District- Vaishali, Bihar ... ... Petitioner/s Versus The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Prakash Chandra, Advocate For the Opposite Party/s : Mr. Manoj Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 13-05-2025 Heard learned counsel for the petitioners and the State. 2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 132, 127(1), 115(2), 3(5) of the Bharatiya Nyaya Sanhita and Section 30(a) of the Bihar Prohibition and Excise Act. 3. As per the prosecution case, total 22.350 liters illicit liquor was recovered from the house of these petitioners. 4. Learned counsel appearing for the petitioners submits that no incriminating material has been recovered from conscious possession of these petitioners and they are no way connected with the aforesaid recovery. Petitioners have been Patna High Court CR. MISC. No.28113 of 2025(2) dt.13-05-2025 2/2 made accused only on suspicion. Petitioners are ladies and claim clean antecedent. 5. Learned A.P.P. for the State submits that 22.350 liters illicit liquor was recovered from the house of these petitioners. He further submits that petitioners are not entitled to the privilege of anticipatory bail in view of Full Bench decision of this Court rendered in the case of Ram Vinay Yadav vs. The State of Bihar reported in 2019(2) P.L.J.R. 1089 (F.B.). 6. Considering the aforesaid facts, anticipatory bail application of petitioners is rejected. Navya/- (Prabhat Kumar Singh, J) U T