Rekha Devi Vs the State of Bihar

====================================================== Appearance : For the Petitioner/s : Mr.Ratanakar Jha For the Opposite Party/s : Mr.Nawal Kishore Prasad ======================================================

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CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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2 22-02-2024

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Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

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The petitioner is apprehending his/her arrest in a case in connection with G.R. No. 798 of 2023 arising out of Rudhrapur P.S. Case No. 127 of 2023 dated 03.11.2023 for the offence/s punishable u/ss 272, 273 read with section 34 of the IPC and section 30(a) of the Bihar Prohibition and Excise Act.

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As per the prosecution case, total 30 litres of illicit country made liquor was recovered near the thatched hut of the petitioner.

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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

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Patna High Court CR. MISC. No.9312 of 2024(2) dt.22-02-2024 2/3

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conscious possession of the petitioner. The recovery was made from an open place that is accessible to anyone. The petitioner has no concern with the alleged recovery. The petitioner is a lady. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. Learned counsel has submitted that 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 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.

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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.

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Considering the aforesaid facts and circumstances of the case as well as the material available on record, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on

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Patna High Court CR. MISC. No.9312 of 2024(2) dt.22-02-2024 3/3

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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, Jhanjharpur in connection with G.R. No. 798 of 2023 arising out of Rudhrapur P.S. Case No. 127 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

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The application stands allowed.

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(Chandra Prakash Singh, J)

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guddukr/-

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U T

Rekha Devi v. the State of Bihar

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Rekha Devi v. the State of Bihar

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