Ajanti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32446 of 2019 Arising Out of PS. Case No.-415 Year-2018 Thana- HAJIPUR SADAR District- Vaishali ====================================================== 1.

AJANTI DEVI Wife of Jitendra Bhagat 2.

Ratnesh Kumar Son of Lalit Prasad Both resident of Village - Dighi Kala Mali Tola near Blick Gate, P.S.- Hazipur Sadar, Distt - Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nachiketa Jha For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-05-2019 Heard learned counsel for the parties.

The petitioners are apprehending their arrest in connection with Hajipur Sadar P.S.Case no.415 of 2018 dated 1.7.2018 , registered for offences punishable under Sections 30(a), 37(a)(d) of Bihar Prohibition and Excise Act, 2016. Prosecution story is that the police on the petrolling found accused persons fleeing away from five motorcycles, seized the motorcycles and two bottles of party special liquor as well as plastic glasses were recovered from there and it is stated that the accused persons who fled away were taking liquor. petitioners happen to be owner of the motorcycle. Submission of the learned counsel for the petitioners is

Patna High Court CR. MISC. No.32446 of 2019(2) dt.16-05-2019 2/2 that the petitioner no.1 is a lady and there is no criminal antecedent against the petitioners and nothing has been recovered from their conscious possession rather it is stated that some of the accused persons were taking liquor. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt of order be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned IInd A.D.J. cum Special Judge, Hazipur, Vaishali in connection with Hazipur Sadar P.S.Case No.415 of 2018, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure. With the aforesaid direction, this application is allowed.

(Vinod Kumar Sinha, J) chn/- U T