Patna High CourtCR. MISC./8544/2019disposed

Rekha Devi And ANR v. The State Of Bihar

2019-02-13Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8544 of 2019 Arising Out of PS. Case No.-74 Year-2018 Thana- BARH District- Patna ======================================================

1. Rekha Devi Wife of Birju Yadav

2. Suraj Yadav Son of Birju Yadav Both R/o village-Dalsimanchak , P.S- Barh, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Pandey For the Opposite Party/s :

Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-02-2019 This application, for grant of anticipatory bail, arises out of Barh P.S. Case No. 74/18, disclosing offences under Sections 30(a) of the Bihar Prohibition of Excise Act, 2016. Allegation against the petitioners is of recovery of illicit liquor and the apparatus for preparation of illicit liquor. Apart from that petitioners have also got one criminal antecedent of similar nature.

Submission of learned counsel for the petitioners is that they have falsely been implicated in this case and earlier also, a false case has been lodged against the petitioners, against which, the petitioners have preferred Cr. W.J.C. before this Court and in the said case, the petitioners were granted anticipatory bail and this time also, the petitioners have been

Patna High Court Cr.Misc. No.8544 of 2019(2) dt.13-02-2019 2/2 made accused.

Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case, I am not inclined to grant the privilege of anticipatory bail to the petitioners rather this application is disposed of with direction to the petitioners to surrender before the Court below and pray for regular and if any such application is filed, the court below shall dispose of the same on the merit of the case, if possible on same day, without being prejudiced by the order of this Court.

(Vinod Kumar Sinha, J) sunilkumar/- U T