Meena Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16887 of 2021 Arising Out of PS. Case No.-823 Year-2019 Thana- RAMKRISHNANAGAR District- Patna ====================================================== MEENA DEVI W/o- Bijendra Mistri, Resident of Village - Shahpur, P.S. - Manoharpur Kachuara, and District - Patna.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manoj Kumar Pandey For the Opposite Party/s :

Mr. Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 19-01-2022 Heard the learned counsel for the petitioner as well as Additional Public Prosecutor for the State through video conferencing.

The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month.

The petitioner apprehends her arrest in connection with Ramkrishna Nager P.S. Case No. 823 of 2019 registered for the offence punishable under section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

The learned counsel for the petitioner has submitted that the petitioner is a lady and the motor cycle wherefrom country-made liquor was recovered, was driven by Pankaj Kumar, son of the petitioner. The petitioner is only bona fide

Patna High Court CR. MISC. No.16887 of 2021(2) dt.19-01-2022 2/2 owner of that motor cycle and she has no concern with the alleged liquor, which has been recovered from that motor cycle. So far as the maintainability of the bail petition is concerned, Section 76 (2) of the Bihar Prohibition and Excise Act, 2016 makes an explicit embargo on entertaining the application under Section 438 of the Cr.P.C.

Since the provision of Section 438 of the Cr.P.C. is not applicable in respect of offences under the Bihar Prohibition and Excise Act, 2016, as such, this anticipatory bail application is not maintainable and accordingly it is disposed of, but at the same time, it is observed that if the petitioner surrenders before the court below and files regular bail, the same shall be disposed of on the day of filing itself considering the fact that the present petitioner is only bona fide owner of that motor cycle. Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey , J) Mahesh/- U T