IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7277 of 2009 SANSDHYA TIWARY, Wife of Dilip Tiwary, resident of Village – Bariswan, P.S. – Shahpur in district of Bhojpur. …… Petitioner. Versus THE STATE OF BIHAR …… Opp. Party. ----------- 02. 20.04.2009 Heard learned counsel for the petitioner and the learned APP for the State. Petitioner is aggrieved by the order passed in Anticipatory Bail Application No. 512 of 2008, wherein unreasonable condition has been imposed on the petitioner before her release on anticipatory bail. While passing the order of anticipatory bail in question the learned Incharge Sessions Judge, Buxar has imposed a condition that the petitioner will first deposit Rs.50,000/- in cash being 1/4th of the price of the wheat seized as the condition precedent before she can be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each. According to the petitioner, this precondition is in violation of the provisions of Section 440 (1) of the Cr. P.C. as the same is obviously excessive and the condition imposed is de hors the merit of grant of bail which has been sought by the petitioner. Perused the order passed by the learned Incharge Sessions Judge. The contention of the petitioner seems to be correct because the condition of deposit of Rs.50,000/- in cash as 1/4th of the price of the wheat can be a condition which can be imposed or considered if a prayer for release or otherwise of wheat is made, but for grant of - 2 - anticipatory bail, the Court is of the opinion that the condition is excessive and to that extent the order impugned stands modified. Let petitioner be enlarged on bail without the precondition of deposit of Rs.50,000/- in cash. This quashing application is allowed. Let this order be communicated to the court of the Sessions Judge, Buxar in A.B.P. No. 512 of 2008 arising out of Nawa Nagar (Sonwarsa) P.S. Case No. 65 of 2008 through fax at the cost of the petitioner. DKS/ (Ajay Kumar Tripathi, J.)