Girani Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37122 of 2019 Arising Out of PS. Case No.-42 Year-2019 Thana- DANIYAWAN District- Patna ====================================================== 1.

GIRANI DEVI Wife of Late Kedar Manjhi Resident of Village - Daniyawan, Chhoti Mushahari, P.S.- Daniyawan, District- Patna 2.

Praveen Manjhi Son of Jhangu Manjhi Resident of Village - Daniyawan, Chhoti Mushahari, P.S.- Daniyawan, District- Patna ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rudra Deo For the Opposite Party/s :

Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 19-06-2019 Heard learned counsel for the parties.

This is an application for grant of anticipatory bail in Daniyawan P.S. Case No. 42 of 2019 (Special Case No. 2805 of 2019), disclosing offence under Section 30(a) (c) of the Bihar Prohibition and Excise Act, 2016.

In view of the Full Bench decision rendered in the case of Ram Vinay Yadav vs. The State of Bihar, reported in 2019(2) PLJR 1089, this application cannot be maintained and is accordingly dismissed.

However, on perusal of the First Information Report, I find that there is no material to suggest that any recovery was made of the illicit liquor on the petitioners' conscious possession

Patna High Court CR. MISC. No.37122 of 2019(2) dt.19-06-2019 2/2 and the only allegation against the petitioner is based on some secret information.

The petitioners are directed to surrender 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 and disposed of by the Court below on the same day.

(Chakradhari Sharan Singh, J) arun/- U