Archna v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18647 of 2024 Arising Out of PS. Case No.-144 Year-2023 Thana- ARER District- Madhubani ====================================================== Archna WIFE OF KRISHNAKANT KUMAR RESIDENT OF VILLAGEMATLUPUR, PS- PEIR, DIST- MUZAFFARPUR, ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Akash Anand For the Opposite Party/s :
Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 19-03-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending her arrest in connection with G.R. No. 1423/2023, arising out of Arer P.S. Case No. 144 of 2023, dated 24.09.2023 for the offences punishable under Sections 272 & 273/34 of the Indian Penal Code and u/s 30(a) of the Bihar Prohibition and Excise Act, 2022.
3. As per prosecution case, total 111.00 litres of Nepali desi liquor has been recovered from the two motorcycles.
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 antecedent as stated in
Patna High Court CR. MISC. No.18647 of 2024(2) dt.19-03-2024 2/3 para 3 of the bail petition. The petitioner is the owner of the said motorcycles but the same was not being driven by the petitioner at the time of alleged occurrence. No incriminating article has been recovered from the conscious possession of the petitioner, hence 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 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 APP 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 petitioner, in the event of her arrest/surrender 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
Patna High Court CR. MISC. No.18647 of 2024(2) dt.19-03-2024 3/3 like amount each to the satisfaction of the learned court concerned, Madhubani in connection with G.R. No. 1423/2023, arising out of Arer P.S. Case No. 144 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) Ranjeet/- U T