Most. Shyam Devi @ Shama Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24574 of 2025 Arising Out of PS. Case No.-25 Year-2024 Thana- SUHAIL District- Gaya ====================================================== Most. Shyam Devi @ Shama Devi Wife of Ram Kishore Saw R/o VillageImnabad, PS.- Sohail, District- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek Anand, Advocate Mrs. Madhuri Kumari, Advocate For the State :
Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 02-05-2025 Heard Mr. Abhishek Anand, learned counsel for the petitioner and Mr. Bharat Bhushan, learned APP for the State.
2. The petitioner apprehends her arrest in connection with Suhail P.S. Case No. 25 of 2024 for the offence registered under Section 7 of the Essential Commodity Act, 1955 lodged on 10.07.2024 by the informant Saroj Kumar .
3. As per the prosecution story, the informant, a Block Supply Officer, Imamgunj, Gaya alleged that during inspection, the petitioner who owns a PDS shop did not show any papers and later, it was found that there is shortage of 26.68 quintal wheat. Certainly, the same must be for black marketing and this led to the FIR.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.24574 of 2025(2) dt.02-05-2025 2/3 amount has been deposited which has been brought on record by way of Annexure P/2 to the petition. She is a lady, 75 years of age having no criminal antecedent.
5. Learned APP for the State, on the other hand, opposes the prayer for anticipatory bail.
6. Considering the submissions of the parties as also the fact the amount has been deposited, she is an old lady, in that background, this Court is inclined to grant her the anticipatory bail with conditions.
7. Let the petitioner in the event of arrest or surrnender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned SubDivisional Judicial Magistrate, Sherghati, Gaya in connection with Suhail P.S. Case No. 25 of 2024 subject to condition as laid down under Section 438 (2) of the Cr.P.C.
(i) one of the bailor should be the family members/relatives of the petitioner, who shall provide official document to show is bona fide;
(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive
Patna High Court CR. MISC. No.24574 of 2025(2) dt.02-05-2025 3/3 dates without plausible reason will entail cancellation of her bail bond by the Trial court itself;
(iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(iv) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Rajiv Roy, J) priyanka/- U T