Jato Chaudhary And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75612 of 2018 Arising Out of PS. Case No.-48 Year-2018 Thana- CHEWARA District- Sheikhpura * ====================================================== 1.

Jato Chaudhary, Son of Haro Chaudhary, 2.

Archana Devi, Wife of Jato Chaudhary, Both resident of Village- Sikandra, Police Station- Chewara, District- Sheikhpura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ajay Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 27-02-2019 Learned counsel for the petitioners seeks permission to withdraw the application of petitioner no. 1, Jato Chaudhary, who has been arrested during the pendency this application. Such permission is accorded.

Accordingly, the application of petitioner no.1, Jato Chaudhary, is dismissed as withdrawn.

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

The petitioner no. 2 apprehends her arrest in connection with Chewara P.S. Case No. 48 of 2018 (Excise Case No. 259 of 2018) registered under Sections 272, 273, 188 of the Indian Penal Code and sections 30(a), 30(d) of the Bihar Prohibition and Excise Act.

Patna High Court CR. MISC. No.75612 of 2018(3) dt.27-02-2019 2/2 Learned counsel appearing on behalf of the petitioner no.2 submits that she is quite innocent and has falsely been implicated in this case due to ulterior motive. She is wife of petitioner no. 1. Nothing has been recovered from her conscious possession. Further submission is that she has no criminal antecedent.

Having considered the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of four 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 the District Judge, Sheikhpura in connection with Chewara P.S. Case No. 48 of 2018, subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Arvind Srivastava, J) shailendra/- U T