Ritik Raushan Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78883 of 2024 Arising Out of PS. Case No.-534 Year-2021 Thana- RAJAOLI District- Nawada ====================================================== Ritik Raushan Kumari W/o- Funtoos Rajvanshi Resident of Village- Kendua, Baksanda, P.S. Rajauli, District- Nawada ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pramod Kumar Verma For the Opposite Party/s :
Mr.Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 07-02-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending her arrest in a case in connection with Rajauli P.S. Case No. 534 of 2021 dated 26.10.2021 for the offence/s punishable u/ss 30(a) (d) and 41 of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 110 litres of illicit country made liquor and 5000 litres fermented Jawa Mahua, liquor making apparatus and two motorcycles were recovered near the bank of Jamundaha Pichhli river.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. No incriminating material has been recovered from the
Patna High Court CR. MISC. No.78883 of 2024(2) dt.07-02-2025 2/3 conscious possession of the petitioner. The petitioner is the owner of one of the motorcycles. The recovery was made from an open place that is accessible to anyone. Local Chowkidar disclosed the name of the petitioner. The other co-accused person has already been granted bail by this court vide order dated 25.04.2024 passed in Cr. Misc. No. 31168/2024. The petitioner has no concern with the alleged recovery. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is a lady. 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 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
Patna High Court CR. MISC. No.78883 of 2024(2) dt.07-02-2025 3/3 of the case as well as the material available on the record, let the above named petitioner, in the event of his/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 like amount each to the satisfaction of the learned court concerned, Nawada in connection with Rajauli P.S. Case No. 534 of 2021, 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) atul/- U T