Reena Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5694 of 2024 Arising Out of PS. Case No.-418 Year-2023 Thana- WARISNAGAR District- Samastipur ====================================================== 1.

Reena Devi Wife of Manoj Kumar Mahto @ Manoj Mahto Vill-Raypur PSWarisnagar Dist-Samastipur 2.

Sumitra Devi Wife of Ganeshi Mahto Vill-Raypur PS-Warisnagar DistSamastipur 3.

Ganeshi Mahto @ Ganesh Mahto Son of Srawan Mahto Vill-Raypur PSWarisnagar Dist-Samastipur 4.

Manoj Kumar Mahto @ Manoj Mahto Son of Ganeshi Mahto Vill-Raypur PS-Warisnagar DistSamastipur 5.

Manohar Kumar @ Manohar Mahto son of Ganeshi Mahto Vill-Raypur PSWarisnagar Dist- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Singh For the Opposite Party/s :

Mrs. Sharda Kumari, (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 16-02-2024 Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

3. The petitioners are apprehending their arrest in connection with Waris Nagar P.S. Case No. 418 of 2023, dated 17.11.2023, for the offences punishable under Sections 227, 273 of the Indian Penal Code and under section 30(a) of the Bihar

Patna High Court CR. MISC. No.5694 of 2024(2) dt.16-02-2024 2/3 Prohibition and Excise (Amendment) Act,.

4. As per the prosecution case, total 440 litres of country made liquor and other utensils for preparing country made liquor were recovered from the house of the co-accused Vijay Kumar Mahto.

5. Learned counsel for the petitioners have submitted that the petitioners are innocent and has falsely been implicated in this case. The petitioners have no criminal antecedent as stated in para 3 of the bail petition. The name of the petitioners were disclosed by the local people. No incriminating material has been recovered from the conscious possession of the petitioners, hence no case is made out against the petitioners. 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.

6. Learned APP for the State has vehemently opposed

Patna High Court CR. MISC. No.5694 of 2024(2) dt.16-02-2024 3/3 the prayer for anticipatory bail of the petitioners by submitting that the bar of Section 76(2) of the Act applies in this case.

7. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation against the petitioners, let the above named petitioners, in the event of their 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) each with two sureties of the like amount each to the satisfaction of the learned court concerned, Samastipur in connection with Waris Nagar P.S. Case No. 418 of 2023, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

8. The application stands allowed.

(Chandra Prakash Singh, J) Ranjeet/- U T