Patna High CourtCR. MISC./33103/2019partly allowed disposal

Jaiky Kumar @ Jainandan Kumar v. The State Of Bihar

2019-08-23Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33103 of 2019 Arising Out of PS. Case No.-142 Year-2019 Thana- GOVT. OFFICIAL COMPLAINT CASE District- Sheikhpura ====================================================== 1.

Jaiky Kumar @ Jainandan Kumar (Male), aged about 28 years, Son of Sri Bijay Kumar Singh @ Bigan Singh @ Vijay Singh 2.

Aacho Devi @ Archana Devi (Female), aged about 26 years, Wife of Jaiky Kumar @ Jainandan Kumar, both R/o Rampur Sinday, P.S.- Mission O.P. Barbigha, Dist.- Sheikhpura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajit Kumar, Advocate For the Opposite Party/s :

Mr.Ahtasham Ali Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-08-2019 At the very outset, learned counsel for the petitioners seeks permission to withdraw this application in respect of petitioner no.1. Accordingly, this application is dismissed as withdrawn in respect of petitioner no.1.

Heard learned counsel for the petitioner no.2 and the learned A.P.P. for the State.

The petitioner no. 2 apprehends her arrest in connection with Excise Case No. 142 of 2019 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.33103 of 2019(3) dt.23-08-2019 2/2 there is no recovery from the conscious possession of petitioner no.2 . Petitioner no.2 is the lady and there is no criminal history against her.

In the facts and circumstances of the case, let the above named petitioner no.2 be released on bail, in the event of arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of 2nd Additional District and Sessions Judge, Sheikhpura in connection with Excise Case No. 142 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) Nasimul/- U T