Draupadi Devi @ Dwarpati Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4914 of 2024 Arising Out of PS. Case No.-102 Year-2023 Thana- INARWA District- West Champaran ====================================================== Draupadi Devi @ Dwarpati Devi Wife of Ganesh Prasad @ Ramjee Prasad Resident Of Village - Barwa Parsauni, Police Station - Inarwa, District - West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Brij Kishor Mishra, Advocate For the Opposite Party/s :
Mr. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 15-02-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The Petitioner is apprehending his arrest in connection with Inarwa P.S. Case No. 102 of 2023 dated 26.11.2023 of the offences punishable u/s 272, 273 of the Indian Penal Code along with Sections 30(a) of the Bihar Prohibition and Excise Act 2016.
3. As per the prosecution case, total 14 litres of illicit country made liquor was recovered behind the house of the petitioner which was covered with tat-fush.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has no criminal case as stated at para 3
Patna High Court CR. MISC. No.4914 of 2024(2) dt.15-02-2024 2/3 of the bail petition. The petitioner is a lady. The petitioner is the owner of the said vehicle but the same was not being driven by him at the time of the alleged recovery. The name of the petitioner was disclosed by the local people. No incriminating article has been recovered from the conscious possession of the petitioner, hence no case is made out. Learned Counsel has relied on the judgment of Full Bench of Hon'ble Patna High Court in the case of Ram Vinay Yadav vs. State of Bihar reported in 2019 (2) PLJR 1089. The Full Bench in the case of Ram Vinay Yadav (supra) has held that an application for anticipatory bail in a case arising out of Bihar Excise and Prohibition Act can be maintained, despite the bar under Section 76 (2) of the Act, if on the basis of allegation made in the FIR, no offence under the said provision is made out.
5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner by submitting that the bar of Section 76(2) of the Act applies in this case.
6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation against the petitioner, let the above named petitioners, in the event of his arrest/surrender within a period of six weeks from today, be
Patna High Court CR. MISC. No.4914 of 2024(2) dt.15-02-2024 3/3 enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, West Champaran in connection with Inarwa P.S. Case No. 102 of 2023 subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.
7. This application stands allowed.
(Chandra Prakash Singh, J) jyoti/- U