Sangita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50535 of 2019 Arising Out of PS. Case No.-223 Year-2019 Thana- TURKAULIYA District- East Champaran ====================================================== SANGITA DEVI Wife of Ranjan Ram Resident of Village - Tikaita, P.O. and P.S.- Turkauliya, District - West Champaran ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Pravin Kumar For the Opposite Party/s :

Mr.Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 14-08-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Turkauliya P.S. Case No. 223 of 2019, disclosing offence under Sections 272 and 273/34 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act, 2016. In view of the Full Bench decision of this Court in case of Ram Vinay Yadav Vs. The State of Bihar, reported in 2019(2) PLJR 1089 (F.B.), and the provisions under Section 76(2) of the Bihar Prohibition and Excise Act, 2016, this application for anticipatory bail cannot be maintained. This application is accordingly dismissed as not maintainable.

However, considering the circumstances that the

Patna High Court CR. MISC. No.50535 of 2019(2) dt.14-08-2019 2/2 petitioner is a lady and allegedly from her house 17.40 liters of country made liquor was recovered, it is directed that if the petitioner surrenders before the Court below within four weeks from today and seeks regular bail, her application for regular bail shall be considered and disposed of on the same day 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/- U T