IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.55937 of 2024 Arising Out of PS. Case No.-52 Year-2024 Thana- HARSIDHI District- East Champaran ====================================================== Amrita Kumari D/o- Nagina Sahani Village- Dhankharaiya, W.No- 2, Ps- Harsidhi Dist- East Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ajay Kumar Singh For the Opposite Party/s : Mr. Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 2 17-01-2025 Heard learned counsel appearing on behalf of the parties. 2. The petitioner apprehends arrest in connection with Harsidhi P.S. Case No.52 of 2024 registered for the offence under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act. 3. As per FIR, there is recovery of total 13.77 liters of illicit foreign liquor from the thatched house of the petitioner. 4. Learned counsel appearing on behalf of the petitioner submits that the petitioner has falsely been implicated in the present case, where, petitioner is a lady. It is submitted that nothing has been recovered from conscious physical Patna High Court CR. MISC. No.55937 of 2024(2) dt.17-01-2025 2/2 possession of this petitioner rather the recovery has been made from thatched which is in joint possession of the family members of the petitioner. 5. Learned APP appearing on behalf of the State, opposes the prayer of bail of the petitioner and submitted that Section 76(ii) of the Bihar Prohibition and Excise Act prohibits to grant anticipatory bail. 6. In view of the submissions, as made above and as recovery of illicit liquor has been made from the house of the petitioner, where, petitioner is also involved in one another case of similar nature and as Section 76(ii) of the Bihar Prohibition and Excise Act prohibits to grant anticipatory bail to the petitioner, this Court is not inclined to grant bail to the petitioner, at present. 7. Accordingly, the prayer of bail of the petitioner is rejected herewith. S.Katyayan/- (Ramesh Chand Malviya, J) U T