Smt. Jayshri @ Jayshri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38581 of 2017 Arising Out of PS.Case No. -139 Year- 2017 Thana -DHANARUA District- PATNA ======================================================

1. Smt. Jayshri @ Jayshri, wife of Rakesh Kumar, resident of Quarter No.- CD/499, Sector- 3, H.E.C. Colony, P.S.- Dhurva, District- Ranchi (Jharkhand).

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Radha Mohan Singh, Advocate For the Opposite Party/s : Smt. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 8/ 13-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends her arrest in Dhanarua P.S. Case No.139 of 2017 instituted for the offence under Section(s) Section 30-A of the Bihar Prohibition & Excise Act, 2016. Counsel for the petitioner has submitted that petitioner is owner of the vehicle from which alleged foreign liquor was recovered. Driver and one Rohan Kumar were apprehended by the police, who told that they used to deliver liquor in Patna to Roshan Kumar and Vicky for which they get rupees twenty five thousand per trip.

As such, there is no specific overt act against this petitioner, who is a lady having clean antecedents. In the facts and circumstances of the case, prayer of

Patna High Court Cr.Misc. No.38581 of 2017 (8) dt.13-11-2017 2/2 the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Dhanarua P.S. Case No.139 of 2017, she shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Special Judge, Excise, Patna, subject to the conditions as laid down under Section 438(2) Cr. P. C.

with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.