Dismissed¶24

Sabita Devi @ Sabita Kumari v. The State of Bihar

Patna HC15 Jan 2025CR. MISC./52009/2024

Case brief

AI extract

What is this about?

Patna High Court CR. MISC. No. 52009 of 2024, decided 15-01-2025 by Justice Ramesh Chand Malviya. Anticipatory bail application of Sabita Devi @ Sabita Kumari in Karakat P.S. Case No. 416 of 2023 (Section 30(a), Bihar Prohibition and Excise Act, 2016; FIR on report of informant Ghanshyam Kumar against three co-accused; 336.96 liters foreign liquor recovered from motorcycle and house of Munna Chaudhary; petitioner registered owner of seized motorcycle BR03U8381) DISMISSED as barred by Section 76(2) of the Bihar Prohibition and Excise Act, 2016 and hence not maintainable. Impugned order: 14.06.2024, Exclusive Special Judge, Excise Court No. 1, Rohtas at Sasaram.

What did the court decide?

The present anticipatory bail petition is barred by Section 76(2) of the Bihar Prohibition and Excise Act, 2016. ¶21

Sabita Devi @ Sabita Kumari Vs The State of Bihar — Patna HC (2025) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.52009 of 2024

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Arising Out of PS. Case No.-416 Year-2023 Thana- KARAKAT District- Rohtas

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======================================================

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Sabita Devi @ Sabita Kumari, aged about 20 years, Female, Wife of Munna Chaudhary, Resident of Village- Jaishree, P.S.- Karakat, (Gorari), District -Rohtas.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Rajani Kant Singh, Advocate For the Opposite Party/s : Mr. Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA

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ORAL ORDER

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3 15-01-2025

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Heard learned counsel for the petitioner and learned APP for the State.

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The petitioner apprehends his arrest in connection with Karakat P.S. Case No. 416 of 2023 instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

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As the prosecution case, total 336.96 liters foreign liquor was recovered from a motorcycle and house of Munna Chaudhary.

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Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. He further submits that the entire prosecution case is false, concocted and contrary to the actual facts that no such

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Patna High Court CR. MISC. No.52009 of 2024(3) dt.15-01-2025 2/3

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occurrence took place. He next submits that petitioner is not named in the FIR and nothing has been recovered from the conscious possession of the petitioner. Petitioner has been made accused in this case because she is the owner of the seized Motorcycle bearing Registration No. BR-03U8381. Petitioner has got clean antecedent as stated in para-3 of the petition.

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Learned APP for the State has opposes the prayer

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for bail.

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From perusal of the FIR, case diary and also perused the impugned order dated 14.06.2024 passed by the learned Exclusive Special Judge, Excise Court No. 1, Rohtas at Sasaram, it appears that on the basis of written report of the informant Ghanshyam Kumar, FIR has been registered under Section 30(a) of the Bihar Prohibition and Excise Amendment Act against three co-accused persons. Petitioner is the registered owner of the seized motorcycle bearing registration no. BR03U8381. Prima facie , it also appears that the petitioner is involved in transportation and sale of liquor.

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Considering the facts and circumstances of the case and submissions of learned counsel for the parties, the present petition is barred by Section 76(2) of the Bihar Prohibition and Excise Act, 2016, the present anticipatory bail

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Patna High Court CR. MISC. No.52009 of 2024(3) dt.15-01-2025 3/3

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is not maintainable and is accordingly dismissed.

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