Usha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.5707 of 2020 Arising Out of PS. Case No.-75 Year-2016 Thana- GOVERNMENT OFFICIAL COMP. District- Jehanabad ====================================================== 1.

USHA DEVI Wife of Shankar Manjhi Resident of Village-Konika, P.S and District-Arwal.

2.

Vijay Manjhi Son of Shankar Manjhi Resident of Village-Konika, P.S and District-Arwal.

3.

Sanjay Manjhi Son of Shankar Manjhi Resident of Village-Konika, P.S and District-Arwal.

... ... Petitioners

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Paras Nath, Advocate For the Opposite Party/s :

Ms.Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 18-06-2020 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are seeking anticipatory bail in connection with Excise Case No. 75/2016 registered for the offence punishable under Section 47(A) of Bihar Excise Act, 1915, pending in the court of learned Additional Sessions JudgeII, Jehanabad. Learned counsel for the petitioners submits that it is a case registered under the old Excise Act wherein it is alleged that in course of raid conducted in the house of the accused persons 80 Kg. Mahua wine and 12.200 illicit liquors were recovered.

Patna High Court CR. MISC. No.5707 of 2020(2) dt.18-06-2020 2/2 Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioners. It is her submission that the petitioners are moving this Court after four years seeking anticipatory bail. It is submitted that the petitioners are absconding in the said case that all these years. Considering the facts and circumstances of the case wherein the petitioners are said to be absconding in connection with the case, it was lodged about four years back and the petitioners have moved this court at this stage only after they have been shown absconder, this Court is not inclined to grant privilege of anticipatory bail to the petitioners. This Application is dismissed.

In case the petitioners surrender in the court below within a period of four weeks from today, their prayer for regular bail shall be considered on their own merit without being prejudiced by the orders of this Court. (Rajeev Ranjan Prasad, J) Rajeev/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.