Sima Devi @ Sima Kumari @ Shivani Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6598 of 2024 Arising Out of PS. Case No.-263 Year-2022 Thana- JANKINAGAR District- Purnia ====================================================== Sima Devi @ Sima Kumari @ Shivani Kumari W/o Ajay Kumar Resident of Village-Madhuban, P.S.-Jankinagar, District-Purnia. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhola Prasad, Adv.

For the Opposite Party/s :

Mr. Md. Matloob Rab, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 17-02-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending her arrest in a case in connection with Jankinagar P.S. Case No. 263 of 2022 dated 01.10.2022 for the offence punishable u/s 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, total 48.200 litres of illicit foreign liquor was recovered from the bag thrown by three persons.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. No incriminating material has been recovered from the conscious possession of the petitioner. The recovery was made

Patna High Court CR. MISC. No.6598 of 2024(2) dt.17-02-2024 2/3 from an open place that is accessible to anyone. The petitioner has no concern with the alleged recovery. The petitioner is a female. The apprehended co-accused, Gulabi Devi disclosed the name of the petitioner and others, who managed to flee away. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. Learned counsel has submitted that no case is made out against the petitioner. 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 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 material available on record, let the above named petitioner, in the event of her arrest/surrender

Patna High Court CR. MISC. No.6598 of 2024(2) dt.17-02-2024 3/3 within a period of six weeks from today, be 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, Purnia in connection with Jankinagar P.S. Case No. 263 of 2022, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

7. The application stands allowed.

(Chandra Prakash Singh, J) annpurna/- U T