Indu Devi @ Rinku Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46032 of 2025 Arising Out of PS. Case No.-96 Year-2024 Thana- Ratanpur District- Begusarai ====================================================== Indu Devi @ Rinku Devi W/O Sanjay Mahto Resident of village- Telia Pokhar Das Tola, Ward no. 21, P.S.- Ratanpur, Dist.- Begusarai. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vinod Gautam, Adv.
For the Opposite Party/s :
Mr.Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 01-08-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The Petitioner is apprehending her arrest in connection with Ratanpur P.S. Case No. 96 of 2024 dated 08.12.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 12.700 litres of illicit country made liquor was recovered from the house of the petitioner.
4. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. The petitioner has no criminal antecedent as stated in para 4 of the supplementary affidavit filed on behalf of the petitioner. The
Patna High Court CR. MISC. No.46032 of 2025(2) dt.01-08-2025 2/3 petitioner is a lady and she has no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioner, hence no case is made out. The coaccused person has already been granted regular bail by this court vide order dated 03.04.2025 passed in Cr. Misc. No. 16568/2025. 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 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
Patna High Court CR. MISC. No.46032 of 2025(2) dt.01-08-2025 3/3 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, Begusarai in connection with Ratanpur P.S. Case No. 96 of 2024, subject to conditions as laid down under section 482(2) of the B.N.S.S.
7. The application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T