Patna High CourtCR. MISC./61570/2017allowed

Shaila Devi v. The State Of Bihar

2017-12-22Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.61570 of 2017 (2) dt.22-12-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61570 of 2017 Arising Out of PS.Case No. -78 Year- 2017 Thana -HALSI District- LAKHISARAI ======================================================

1. Shaila Devi W/o Daso Ram, R/o Village- Kumaitha, P.S.- Halsi, DistrictLakhisarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mrigendra Kumar, Adv. For the Opposite Party/s : Mr. Sri Sanjay Kumar Pandey, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 22-12-2017 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Halsi Police Station Case No. 78 of 2017, disclosing offences under Sections 272 and 273/34 of the Indian Penal Code and Sections 30(a), 38(1)(2) of the Excise Act (New). Learned counsel for the petitioner has submitted that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, the petitioner is not indulged in manufacturing or selling the Mahua liquor. As a matter of fact, no incriminating material has been recovered from the possession of the petitioner. Moreover, the husband of the petitioner has already been granted regular bail from the lower

Patna High Court Cr.Misc. No.61570 of 2017 (2) dt.22-12-2017 court. Hence, the petitioner, who is lady of clean antecedent, deserves the privilege of anticipatory bail.

Considering the facts and circumstances of the case, let the petitioners, above named, in the event of her arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-IInd- CumSpecial Judge (Excise), Lakhisarai, in connection with Halsi Police Station Case No. 78 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Arvind Srivastava, J) brajesh/- U T