Patna High CourtCR. MISC./9072/2021disposed

Sweta Kumari v. The State Of Bihar

2022-01-06Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9072 of 2021 Arising Out of PS. Case No.-251 Year-2020 Thana- RUPASPUR District- Patna ====================================================== SWETA KUMARI D/o Vinod Kumar, R/o- Rupaspur, P.S.- Rupaspur, District- Patna.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Prashant Kumar For the Opposite Party/s :

Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 06-01-2022 Heard the learned counsel for the petitioner as well as Additional Public Prosecutor for the State through virtual mode. 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 Rupaspur P.S. Case No. 251 of 2020 registered for the offence punishable under section 30 (a) of the Bihar Excise and Prohibition Act.

The learned counsel for the petitioner has submitted that the illicit liquor was recovered from the Scooty of the petitioner Sweta Kumari, who is the owner of the Scooty and her brother, who was driving that Scooty, was arrested and has

Patna High Court CR. MISC. No.9072 of 2021(3) dt.06-01-2022 2/2 been granted regular bail. He has also submitted that the petitioner has no concern with the alleged recovery. 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 dismissed.

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