Patna High CourtCR. MISC./38831/2021disposed

Reena Devi v. The State Of Bihar

2022-02-09Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38831 of 2021 Arising Out of PS. Case No.-230 Year-2020 Thana- BAHERI District- Darbhanga ====================================================== REENA DEVI W/O ARUN KUMAR MANDAL R/O LAGUPUR, P.SBAHERI, DISTRICT-DARBHANGA. ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Prahalad Kumar Bhagat For the Opposite Party/s :

Mr.J.N. Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 09-02-2022 Learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioner as well as learned APP for the State through video conferencing. The petitioner apprehends her arrest in connection with Baheri P.S. Case No. 230 of 2020, registered for the offences punishable under Sections 30(a)/41 of Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner has submitted that the petitioner is a lady who is bona fide owner of the vehicle No. BR07G-5196 from which alleged liquor was recovered. She has no concern with that liquor. Her name has been arrayed as

Patna High Court CR. MISC. No.38831 of 2021(2) dt.09-02-2022 2/2 accused since she is bona fide owner of the vehicle. The provisions of 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. 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 and the learned lower court shall take notice of the fact that the petitioner is a lady and she is only bona fide purchaser of the vehicle from which the illicit liquor was recovered. With these observations, this anticipatory bail petition is disposed of.

Office shall ensure that all defects are removed by the petitioner within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court.

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