Shanti Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62898 of 2021 Arising Out of PS. Case No.-146 Year-2020 Thana- MEHANDIGANJ District- Patna ====================================================== SHANTI DEVI Wife of - Dukhan Yadav Resident of Village- Ranipur Nichli Gali, P.S.- Mehndiganj, District - Patna.
... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Prabhat Kumar Singh For the Opposite Party/s :
Mr.Md. Anbzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 17-12-2021 Heard the parties.
The petitioner apprehends her arrest in connection with Special Case No. 5119 of 2020, arising out of Mehandiganj P.S. Case No. 146 of 2020 registered for the offence under Section 30 (a) of the Bihar Prohibition and Excise Act.
Learned counsel for the petitioner has submitted that the petitioner is the wife of Dukhan Yadav, who is already in custody. Considering the submission of the learned counsel for the petitioner, this application for anticipatory bail is allowed. Under the above facts and circumstances, let above named petitioner, in the event of her arrest or surrender within four weeks from today, 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 Special Judge Excise, Patna in connection with Special Case No. 5119 of 2020, arising out of Mehandiganj P.S. Case No. 146 of 2020, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
Patna High Court CR. MISC. No.62898 of 2021(2) dt.17-12-2021 2/2 Before releasing the petitioner on anticipatory bail, the court below must satisfy itself as to the truthfulness of the submission of the petitioner's counsel that Dukhan Yadav is in custody. If the statement of the learned counsel for the petitioner is found false, then the order granting anticipatory bail granted to the petitioner shall be recalled and if it is found true, the petitioner shall be released on bail.
(Sandeep Kumar, J) pravinkumar/- U T