IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.559 of 2023

Arising Out of PS. Case No.-322 Year-2022 Thana- GOVERNMENT OFFICIAL COMP.

District- Siwan

======================================================

SHILPA DEVI W/o Mantu Prasad R/o Village- Chakmahmuda, P.S.-

Maharajganj, Distt- Siwan.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

======================================================

Appearance :

For the Petitioner/s

:

Mr.Gajendra Kumar Singh

For the Opposite Party/s :

Mrs.Sangeeta Sharma

======================================================

CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN

ORAL ORDER

2

20-01-2023

Heard learned counsel for the petitioner and

learned APP for the State.

The petitioner is apprehending her arrest in a case

registered for the offence punishable under Section 30(a) of the

Bihar Prohibition and Excise Act.

Learned counsel for the petitioner submits that

petitioner is innocent and has been falsely implicated in this

case. He submits that there is no recovery from the conscious

possession of the petitioner rather 16 liters of country-made

liquor is said to have recovered from the motor-cycle. He further

submits that two persons were apprehended on the spot with the

motor cycle. He submits that petitioner is made accused because

she is the owner seized motor-cycle and also wife of the co-

Patna High Court CR. MISC. No.559 of 2023(2) dt.20-01-2023

2/3

accused Mantu Prasad. He further submits that petitioner has got

no criminal antecedent as stated in para-3 of the bail application.

Petitioner is agreed to deposit a sum of Rs. 10,000/-

(Rupees Ten Thousand) in the PM Cares Fund, bearing Account

No. 2121PM20202, IFSC Code: SBIN0000691, SWIFT Code:

SBININBB104, State Bank of India, New Delhi Main Branch,

UPI ID: pmcares@sbi.

Considering the facts and circumstance of the case

and the fact that there is nothing recovered from the conscious

possession of the petitioner and petitioner is a lady, let the above

named petitioner, in the event of her arrest or surrender before

the learned Court below within a period of eight weeks from

today, be enlarged on bail on furnishing bail bond of Rs.25,000/-

(Rupees Twenty Five Thousand) with two sureties of the like

amount each to the satisfaction of the learned court below where

the case is pending/successor court in connection with Siwan

Excise P.S. Case No. 322/2022, subject to the condition as laid

down under Section 438 (2) of the Cr.P.C., with further

conditions:

(1) that one of the bailors will be a close relative of

the petitioner, who will give an affidavit giving genealogy as to

who he is related with the petitioner. He will also undertake to

Patna High Court CR. MISC. No.559 of 2023(2) dt.20-01-2023

3/3

inform the court if there is any change in the address of the

petitioner.

(II) that the bailor shall also stated on affidavit that

he will inform the Court concerned if the petitioner is implicated

in any other case of similar nature after his release in the present

case and thereafter the Court below will be at liberty to initiate

proceeding for cancellation of bail on the ground of misuse.

The bail bond of the petitioner shall be accepted by

the learned Court below on showing receipt of the aforesaid

amount in the account of PM Cares Fund.

ajay/-

(Anjani Kumar Sharan, J)

U

T