Munni Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27504 of 2019 Arising Out of PS. Case No.-38 Year-2019 Thana- LAHERIYASARAI District- Darbhanga ====================================================== 1.

MUNNI KHATOON, Wife of Md. Abbas, Resident of Village - Khajasarai, P.S.- Laheriasarai, Distt - Darbhanga.

2.

Bare @ Md. Bare, Son of Md. Abbas, Resident of Village - Khajasarai, P.S.- Laheriasarai, Distt - Darbhanga.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Virendra Kumar For the Opposite Party/s :

Mr.Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-07-2019 Petitioners seek bail in anticipation of their arrest in connection with Laherisarai P.S. Case No. 38 of 2019 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act.

As per prosecution case there is recovery of 58 and odd litres of liquor from the house of the petitioners, which was kept in a ditch.

Submission of learned counsel for the petitioners is that as a matter of fact petitioner No.1 is a lady and she has nothing to do with the seized articles.

Heard learned APP also, who has opposed the prayer for anticipatory bail on the ground that recovery is from the

Patna High Court CR. MISC. No.27504 of 2019(3) dt.09-07-2019 2/2 house of the petitioners and prima facie case is made out against them, as such this application is not maintainable. In view of above facts and circumstances, I am not inclined to grant the privilege of anticipatory bail to the petitioners. However, if they surrender and pray for regular bail, the same shall be considered on its own merit, without being prejudiced by this order and, if possible, to be disposed of on the same day.

With the above observation, this application is dismissed.

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