Umarawati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9881 of 2020 Arising Out of PS. Case No.-486 Year-2019 Thana- SIKARPUR District- West Champaran ====================================================== 1.

Umarawati Devi, Daughter of Late Jayram Dhagad, Resident of Purani Bazar, Ward No. 2, P.S.- Shikarpur, District- West Champaran. 2.

Sundrapatti Devi, W/o Late Shiv Nath Dhagad, Resident of Purani Bazar, Ward No. 2, P.S.- Shikarpur, District- West Champaran. 3.

Devi Lal Dhagad @ Bahira, S/o Chokat Manjhee, Resident of Purani Bazar, Ward No. 2, P.S.- Shikarpur, District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Gupta For the Opposite Party/s :

Mr. Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03-03-2020 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

It is alleged that from the house of petitioner no. 1 Umarawati Devi, two litres country made liquor were recovered, whereas from the house of petitioner no. 2 Sundrapati Devi, one litre country made liquor was recovered and from the house of petitioner no. 3 Devi Lal Dhagad, two litres country made liquor were recovered.

Patna High Court CR. MISC. No.9881 of 2020(2) dt.03-03-2020 2/2 It is submitted by the learned counsel for the petitioner that recovery has been made from the joint family house and the petitioners were not apprehended from the spot. A statement has been made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent. Learned APP submits that from the house of the petitioners, recovery has been made.

Considering the nature of recovery, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer for anticipatory bail of the petitioner is rejected.

However, learned Court below may consider the prayer for regular bail of the petitioners if they surrender within a period of six weeks in connection with Shikarpur P.S. Case No. 486 of 2019 pending in the Court of learned Special Judge, Excise, Bettiah, West Champaran.

Accordingly, the present petition is disposed of. (Dinesh Kumar Singh, J.) utkarsh/- U T