Patna High CourtCR. MISC./5977/2017rejected

Sita Devi And ORS v. The State Of Bihar

2017-02-22Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5977 of 2017 Arising Out of PS.Case No. -4 Year- 2017 Thana -CHOUTARWA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Sita Devi, wife of Nagendra Turha.

2. Chanawati Devi, wife of Late Laljeet Turha.

3. Nagendra Turha, son of Late Laljeet Turha, All are Resident of VillageRatwal, Police Station- Chautarwa, District- West Champaran. .... .... Petitioners

Versus

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

For the Petitioners : Mr. Sanjay Kumar No.-7, Advocate For the Opposite Party : Mr. Manoj Kumar - 1 (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 22-02-2017 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners apprehend their arrest in connection with Chautarwa P.S. Case No. 04 of 2017, registered for the offence punishable under Section 30(a) of the Bihar Excise Prohibition Act 2016.

Allegedly, acting on an information that at the house of the petitioners illicit wine is being dealt with, raid was conducted at the house of the petitioners and Sheo Chand Yadav was caught from the house of the petitioners with 250 ml. liquor and from the search of the house two liters country made liquor was recovered.

Patna High Court Cr.Misc. No.5977 of 2017 (2) dt.22-02-2017 2/2 Submission is of false implication and that no one has seen the petitioners fleeing away, only on the basis of the statement of Sheo Chand Yadav the petitioners have been implicated and, as such, the petitioners deserve sympathetic consideration, to which the learned A.P.P. opposes by submitting that from the house of the petitioners' illegal country made liquor was recovered.

In the facts and circumstances as stated above, considering the alleged recovery, I am not inclined to grant privilege of pre-arrest bail to them and accordingly their such prayer stands rejected in connection with Chautarwa P.S. Case No. 04 of 2017, pending in the Court of learned Additional Chief Judicial Magistrate, Bagaha, West Champaran.

(Jitendra Mohan Sharma, J.) Rajiv/- U T