Kajal Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20419 of 2024 Arising Out of PS. Case No.-246 Year-2023 Thana- RAGHOPUR District- Vaishali ====================================================== Kajal Devi W/o- Pappu Kumar Ray @ Pappu Ray Village- Jafrabad Sukumarpur PS- Raghopur Rustampur, Dist- Vaishali ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mritunjay Kumar, Adv.
For the Opposite Party/s :
Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 29-03-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending her arrest in connection with Raghopur (Rustampur O.P.) P.S. Case No. 246 of 2023 dated 14.10.2023 for the offences punishable u/s 414 of the Indian Penal Code and u/ss 30(a) and 30(c) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 210 litres of illicit country made liquor, 966.660 Kg. of coin and Rs. 6,18,300/- in cash were recovered from the house of the co-accused person, Pappu Kumar Ray.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in
Patna High Court CR. MISC. No.20419 of 2024(2) dt.29-03-2024 2/3 this case. The petitioner is a lady and she has no criminal antecedent as stated in para 3 of the bail petition. The petitioner has been made accused in this case only because she is the wife of the co-accused, Pappu Kumar. It is further submitted that the petitioner has no concern with the alleged recovery. Nothing 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 material available on the record, let the above named petitioner, in the event of her arrest/surrender
Patna High Court CR. MISC. No.20419 of 2024(2) dt.29-03-2024 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, Vaishali at Hajipur in connection with Raghopur P.S. Case No. 246 of 2023, 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) Gautam/- U T