Devanti Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.70286 of 2018 Arising Out of PS. Case No.-285 Year-2018 Thana- BELAGANJ District- Gaya ======================================================

1. Devanti Devi Wife of Budhan Choudhary

2. Usha Devi Wife of Akalu Choudhary Both Resident of Village-Sisaudh, P.S. Belaganj in the Distirct-Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Braj Nandan Kumar Tiwary For the Opposite Party/s :

Mrs. Gulnar Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 19-12-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. This application for grant of anticipatory bail arises out of Belaganj P.S. Case No. 285 of 2018, disclosing offence under Section 30(a) of Bihar Prohibition and Excise Act, 2016. Section 76(2) of the Bihar Prohibition and Excise Act, 2016, bars application of Section 438 of the Criminal Procedure Code. Based on the allegation made in the First Information Report, a case under Section 30(a) of the Act is made out in my opinion.

In that view of the matter, this application cannot be maintained and is accordingly dismissed.

However, the petitioners are directed to surrender

Patna High Court Cr.Misc. No.70286 of 2018(2) dt.19-12-2018 2/2 before the Court below within four weeks from today and seek regular bail, if so advised. If they do so, their application for regular bail shall be considered on its own merit without being prejudiced by rejection of the present application for grant of anticipatory bail by this Court.

(Chakradhari Sharan Singh, J) Pawan/Ragini U T