Birma Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73753 of 2024 Arising Out of PS. Case No.-108 Year-2024 Thana- KHAIRA District- Jamui ====================================================== Birma Devi W/o Late Gulam Manjhi Resident of Village- Khandaich, PSKhaira, District- Jamui ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Niranjan Parihar, Adv.
For the Opposite Party/s :
Mrs.Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 23-10-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The Petitioner is apprehending her arrest in connection with Khaira P.S. Case No. 108 of 2024 dated 21.03.2024 for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 15 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 is innocent and has falsely been implicated in this case. The petitioner is a lady and she has no criminal antecedent as stated at para 3 of the bail petition. As per the
Patna High Court CR. MISC. No.73753 of 2024(2) dt.23-10-2024 2/3 F.I.R., the recovery has been made behind the house of the petitioner but as per the seizure list, the recovery has been made from the house of the petitioner which creates doubt upon the prosecution case. No incriminating article 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 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.73753 of 2024(2) dt.23-10-2024 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, Jamui in connection with Khaira P.S. Case No. 108 of 2024, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure with further condition :- (i) The court below shall verify the criminal antecedent of the petitioner and at any stage, if it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bonds of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
7. The application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T