IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.78850 of 2024 Arising Out of PS. Case No.-501 Year-2024 Thana- GARKHA District- Saran ====================================================== 1. Kumari Devi W/o- Mukesh Nut Resident of Village- Maiki, P.S- Garkha, District- Saran 2. Tetari Devi @ Tiri Devi W/o- Late Phulena Nut Resident of Village- Maiki, P.S- Garkha, District- Saran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Alok Kumar Alok For the Opposite Party/s : Mr.Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 3 22-03-2025 Heard the parties. 2. The petitioners apprehend their arrest in connection with Garkha P.S. Case No. 501 of 2024, registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. 3. The police, on a tip off trafficking of illicit wine, conducted raid, however noticing the police party the accused persons succeeded in fleeing away, after throwing sacks containing illicit wine. In course of search, total 120 litres chulai liquor was recovered. The local Chowkidar and the people, who were present there, have disclosed the name of the petitioners in the crime. Patna High Court CR. MISC. No.78850 of 2024(3) dt.22-03-2025 2/3 4. Learned Advocate for the petitioners submits that from the FIR it is evident that the alleged recovery has been made from an open place which is easily access to all. The disclosure of the name of the petitioner by the local Chowkidar and the persons assembled there also does not inspire confidence; moreover the Chowkidar is not the seizure list witness; which also smacks malafide. It is further contended that in fact only on account of one past criminal antecedent of the petitioners, the present FIR has been instituted on suspicion, without there being any material suggesting the complicity of the petitioner in the crime. 5. On the other hand, learned Advocate for the State vehemently opposes the bail application and submits that in view of the allegations made and the materials collected during the course of investigation, the present anticipatory bail application is not maintainable under Section 76(2) of the Bihar Prohibition and Excise Act, 2016. 6. Regard being had to the submissions made on behalf of the parties and considering the fact that no recovery has been made from the conscious or constructive possession of the petitioner, save and except the disclosure of the name of the petitioner by the local Chowkidar, there is no material Patna High Court CR. MISC. No.78850 of 2024(3) dt.22-03-2025 3/3 suggesting the complicity of the petitioner and as such the rigors provided under Section 76(2) of the Bihar Prohibition and Excise Act, 2016 is not applicable in the present case, apart from the fact the petitioners are lady, let the petitioners abovenamed be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned 1st Exclusive Special Excise Court, Saran at Chapra in connection with Garkha P.S. Case No. 501 of 2024, subject to the conditions laid down in Section 438(2) Cr.P.C. with the further condition that one of the bailors shall be the own/close family members of the petitioners. Anjani/- (Harish Kumar, J) U T