IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.87374 of 2024 Arising Out of PS. Case No.-638 Year-2024 Thana- MAJHAULIA District- West Champaran ====================================================== 1. Kedar Mukhiya S/o- Lalan Mukhiya Village- Majhariya Sheikh W.No-5, Ps- Majhauliya Dist- West Champaran 2. Fuleshwari Devi W/o- Kedar Mukhiya Village- Majhariya Sheikh W.No-5, Ps- Majhauliya Dist- West Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sanjeev Kumar Shrivastava For the Opposite Party/s : Mr. Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 2 20-01-2025 1. Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. 2. This application, for grant of anticipatory bail, arises out of Majhauliya Police Station Case No. 638 of 2024, disclosing offences under Sections 30(a)/41(i) of the Bihar Prohibition and Excise Act, 2016. 3. As per the FIR, on 27.10.2024, on secret information, informant alongwith other police personnel proceeded towards Lalsaraiya chowk and at about 12:30 'O' clock, he reached at the place of occurrence and on seeing the police party, one man and one female started fleeing away from their house. Police party chased them but they succeeded in Patna High Court CR. MISC. No.87374 of 2024(2) dt.20-01-2025 2/3 fleeing away. From nearby villagers and Mahal Chowkidar, informant got information that the persons who fled away namely Kedar Mukhiya and Fuleshwari Devi (wife of petitioner no. 1) sell illicit liquor and they have spoiled the surrounding rural area. Thereafter, on search of the house of petitioners, total 41 liters of country made chulai liquor and other goods i.e., gas cylinder, tasla, gas stove and about 210 liters of half made liquor was destroyed. 4. Learned Counsel for the petitioners submits that petitioners are husband and wife and their name has transpired on the disclosure of nearby villagers and chowkidar. Petitioners were not present at their house on the alleged date and time of occurrence. Illicit liquor has been recovered from the alleged joint house of the petitioners. 5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that illicit liquor has been recovered from the house of Kedar Mukhiya (petitioner no. 1), I am not inclined to grant the petitioner no. 1 privilege of anticipatory bail and the same is rejected. Insofar as petitioner no. 2 is concerned, she is wife of petitioner no. 1 and is a lady, accordingly, I am inclined to grant the petitioner no. 2 privilege of anticipatory bail Patna High Court CR. MISC. No.87374 of 2024(2) dt.20-01-2025 3/3 6. This application is, accordingly, allowed to the extent indicated above. 7. Let the petitioner no. 2 in the event of her arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge Excise-II, Bettiah, West Champaran, in connection with Majhauliya Police Station Case No. 638 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. HarshPandey/- (Anil Kumar Sinha, J) U T