Gita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4807 of 2024 Arising Out of PS. Case No.-41 Year-2023 Thana- MADHWAPUR District- Madhubani ====================================================== Gita Devi W/o- Chandrahash Paswan Resident of Village- Suraj Nagar, P.S. Arer, District- Madhubani.
... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Subhash Kumar Jha For the Opposite Party/s :
Mr.Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 13-02-2024 Learned counsel for the petitioner 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 petitioner and learned Additional Public Prosecutor for the State.
3. The petitioner is apprehending her arrest in connection with Madhwapur P.S. Case No. 41 of 2023, dated 05.05.2023, corresponding to G.R. No. 707 of 2023 for the offences punishable under Sections 272, 273, 414 of the Indian Penal Code and under section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
4. As per prosecution case, total 12 litres of illicit liquor has been recovered from the motorcycle.
Patna High Court CR. MISC. No.4807 of 2024(2) dt.13-02-2024 2/3
5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The name of the petitioner was transpired because she is owner of the said motorcycle but the said motorcycle was not being driven by the petitioner at the time of alleged occurrence. No incriminating material has been recovered from the conscious possession of the petitioner, hence no case is made out against the petitioner. 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 the prayer for anticipatory bail of the petitioner 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
Patna High Court CR. MISC. No.4807 of 2024(2) dt.13-02-2024 3/3 petitioner, let the above named petitioner, in the event of his 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, Madhubani in connection with Madhwapur P.S. Case No. 41 of 2023, corresponding to G.R. No. 707 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