IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.70456 of 2024 Arising Out of PS. Case No.-56 Year-2024 Thana- JAGDISHPUR District- Bhojpur ====================================================== Nalam Devi Wife of Dwarika Singh R/o Muhalla -Jaga ke Pipal, Ward No.- 15, PS -Jagdishpur Distt.- Bhojpur ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Brijendra Kumar, Advocate For the Opposite Party/s : Mr.Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 3 22-01-2025 Heard Mr.Brijendra Kumar, learned counsel for the petitioner and Mr.Kumar Ranjit Ranjan, learned Additional Public Prosecutor for the State. 2. The petitioner is apprehending her arrest in connection with Jagdishpur P.S.Case No.56 of 2024,FIR dated 23.02.2024 registered for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Amendment Act, 2018. 3. Recovery is of 720 Ml of foreign liquor. 4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and she has falsely been implicated in the present case. Altogether 720 Ml of foreign liquor was recovered from the motorcycle in question of the petitioner. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case and she Patna High Court CR. MISC. No.70456 of 2024(3) dt.22-01-2025 2/4 was not apprehended at the place of occurrence and she has been made accused in the present case merely on the ground that the petitioner is owner of the motorcycle in question. There is non-compliance with mandatory procedure prescribed for recovery under Section 100 of Cr.P.C./Section 103 of BNSS, 2023. No case, whatsoever, would be made out against the petitioners under the Bihar Prohibition and Excise Act. 5. Learned A.P.P. for the State has vehemently opposed the prayer for bail of the petitioner referring the provision contained in Section 76(2) of the Bihar Prohibition and Excise Act and submitted that the pre-arrest bail would not be maintainable. 6. This Court is aware of the decision of the Full Bench in the case of Ram Vinay Yadav Vs. State of Bihar reported in 2019 (2) PLJR 1089. Having regard to the law laid down in the aforesaid judgment and the submission advanced on behalf of the parties, this Court for the limited purpose of grant of anticipatory bail, is inclined to accept the submission of Counsel for the petitioner. 7. Considering the aforesaid facts, petitioner has clean antecedent, nothing has been recovered from conscious possession of the petitioner and petitioner has been made Patna High Court CR. MISC. No.70456 of 2024(3) dt.22-01-2025 3/4 accused in the present case merely on the ground that she is owner of the motorcycle in question, let the petitioner, above named, in the event of her arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000 (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Excise Court No.-1, Ara (Bhojpur) in connection with Jagdishpur P.S.Case No.56 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure/ Section 482(2) of BNSS, 2023 and with other following conditions:- (I) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below. (II) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail. (III) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his/her Patna High Court CR. MISC. No.70456 of 2024(3) dt.22-01-2025 4/4 criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. Nitesh/- (Rajesh Kumar Verma, J) U T