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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.793 of 2025 Arising Out of PS. Case No.-170 Year-2024 Thana- INDUSTRIAL AREA District- Vaishali ====================================================== Khushbu Devi @ Khusbu Devi W/O Amar Paswan R/O Vill.- Chakdhanauti, P.S.- Industrial Area, Dist.- Vaishali. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ashutosh Kumar, Advocate For the Opposite Party/s : Mr. Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 10-02-2025 Heard learned counsel for the petitioner and learned counsel for the State.
2. Petitioner apprehends arrest in a case registered for the offence punishable under Sections 274, 275 of the Bharatiya Nyaya Sanhita and Section 30(a) of the Bihar Excise Act.
3. As per the prosecution case, 15 liters illicit liquor was recovered from the house of the petitioner.
4. Learned counsel appearing for the petitioner submits petitioner is innocent and has falsely been implicated in the present case. The house in question was given on rent to other co-accused by the petitioner. Nothing has been recovered from the conscious possession of the petitioner. Petitioner claims clean antecedent.
5. Learned A.P.P. for the State opposed and submits that 15
Patna High Court CR. MISC. No.793 of 2025(2) dt.10-02-2025 2/2 liters illicit liquor was recovered from the house of the petitioner. He further submits that this application for grant of anticipatory bail to the petitioner is not maintainable 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 the petitioner is rejected.
utkarsh/- (Prabhat Kumar Singh, J) U T