Shobha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52749 of 2019 Arising Out of PS. Case No.-1 Year-2019 Thana- PIPRA District- East Champaran ====================================================== 1.

SHOBHA DEVI Wife of Daroga Paswan Resident of Village - Ghanshyam Pakadi, P.S.- Pipra, District - East Champaran 2.

Fula Devi Wife of Rajdeo Paswan Resident of Village - Ghanshyam Pakadi, P.S.- Pipra, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 23-08-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Pipra P.S. Case No. 01 of 2019, disclosing offence under Sections 272, 273 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

Patna High Court CR. MISC. No.52749 of 2019(2) dt.23-08-2019 2/2 maintainable.

However, considering the circumstance that the police are said to have recovered 18 litres of country-made liquor from near Gandak river and on the basis of secret information petitioners have been implicated, 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 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) Rajesh/- U T