Kamlawati Devi @ Chhotaki v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55270 of 2019 Arising Out of PS. Case No.-136 Year-2019 Thana- SISWAN District- Siwan ====================================================== KAMLAWATI DEVI @ CHHOTAKI Wife of Late Krishna Chaudhary Resident of Village - Chainpur Pasi Tola, P.S.- Siswan (Chainpur O.P.), Distt - Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar For the Opposite Party/s :

Mr.Ram Bachan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 03-09-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Siswan (Chainpur O.P.) P.S. Case No. 136 of 2019, disclosing offence under Sections 272, 273 of the Indian Penal Code and Sections 30(a), 38(B) 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.55270 of 2019(2) dt.03-09-2019 2/2 maintainable.

However, considering the small quantity of liquor (1.800 liters), the petitioner is directed to surrender before the Court below within four weeks from today and seek regular bail, if so advised. If he does so, his application for regular bail shall be considered on its own merit on the same day without being prejudiced by rejection of the present application for grant of anticipatory bail by this Court.

(Chakradhari Sharan Singh, J) Rajesh/- U T