ANTICIPATORY BAIL 382 of 2024 on 31 December 2024

ORAL ORDER

Heard Mr. Ajit Kumar, learned counsel for the petitioner and Mr. Nityanand, learned APP for the State.

2. The petitioner apprehends her arrest in connection with Dumraon P.S. Case No. 382 of 2024 dated31.12.2024 registered for the offence punishable under section30(a) of the Bihar Prohibition & Excise Act (in short ‘ExciseAct’).

3. As per the prosecution story, on 31.12.2024 at about 10:00 A.M., acting upon secret information, the informantalongwith other police officials conducted a raid at the residenceof Hareram Rai in Lalganj, Dumraon. During the search, thepetitioner’s son was found in possession of a white sackcontaining 20 litres of illicit liquor and her mother (petitioner)and brother managed to escape.

4. The main submissions advanced by petitioner’s counsel are that the petitioner is a lady, though against her thereare criminal antecedents of four cases, out of them, three relateto the offences under the Excise Act but she is on bail in all thesaid cases and so far as the recovery of the excise material in thepresent matter is concerned, the same is not alleged to have beenshown by the police party in the conscious possession of thepetitioner when the alleged place was raided and the petitionerhas been made accused mainly on the basis of suspicion as wellas her antecedents. It is further submitted that one co-accused,namely, Hareram Kumar @ Hareram Rai carrying similar natureof allegation has been granted the relief of anticipatory bail by aco-ordinate Bench of this Court vide order dated 07.03.2025passed in Cr. Misc. No. 9510/2025 and the co-accused is alsocarrying one criminal antecedent.

5. Learned APP for the State has opposed theprayer of the petitioner.

6. Heard both the sides and perused the FIR.Though the petitioner is a lady but she has remained accused infour cases in addition to the present matter and out of hercriminal antecedent cases, three relate to the offences underExcise Act and the instant matter also relates to the recovery ofliquor and as per the FIR, the police received the information maynaz/- UT

that the liquor was being sold at the house of this petitioner andwhen the police party raided the house of the petitioner, she andher son started fleeing and managed to escape on seeing thepolice party but another son of this petitioner, was apprehendedat the spot who revealed the name of this petitioner as beingescaped. In view of this conduct particularly, the petitioner’scriminal antecedents it can not be said that the alleged offenceof the Excise Act does not attract against this petitioner, so,considering the provisions of Section 76(2) of the Excise Act,this Court finds the petitioner’s prayer to be not maintainable.Accordingly, her prayer stands rejected.

7. However, the petitioner is given a liberty to surrender within four weeks from today, if she surrenders withinthe said period then the learned trial court will decide her prayeron the same day without being prejudiced with this orderaccording to merit.

(Shailendra Singh, J)