Anita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51694 of 2014 Arising Out of PS.Case No. -36 Year- 2014 Thana -GOVERNMENT OFFICIAL COMP. DistrictSAMASTIPUR ====================================================== Anita Devi wife of late Dilip Mahto, resident of village Sarsauna, P.S. Bangra, District Samastipur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Deepak Kumar Singh, Advcoate For the Opposite Party/s : Mr. Ram Chandra Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 05-01-2015 Heard learned counsel for the petitioner and the State. The petitioner is apprehending her arrest in a case registered under Section 47A of the Excise Act. Considering that the alleged illicit liquor was recovered from the house of the Petitioner, who is a lady and has fair antecedents, let the petitioner above named be released on anticipatory bail in the event of arrest or surrender before the learned court below within a period of four weeks from the date of receipt of this order in connection with Excise P.S. case No.36 of 2014 on furnishing bail bonds of Rs.5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Samastipur, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as also conditions (i) That one of the bailor will be a close relative of the petitioner who

Patna High Court Cr.Misc. No.51694 of 2014 (2) dt.05-01-2015 2/2 will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will undertake to furnish information to the Court about any change in address of the petitioner.

(ii) That the affidavit shall clearly state that the petitioner is not an accused in any other case and if she is she shall not be released on bail, (iii) That the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is implicated in any other case of similar nature after her release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse, (iv) That the petitioner will give an undertaking that she will receive the police papers on the given date and be present on date fixed for charge and if she fails to do so on two given dates and delays the trial in any manner, her bail will be liable to be cancelled for reasons of misuse, (v) That the petitioner will be well represented on each date if she fails to do so on two consecutive dates, her bail will be liable to be cancelled.

(Anjana Prakash, J) Narendra/- U T