Manbel Hansda @ Manwil Hansda v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30555 of 2021 Arising Out of PS. Case No.-123 Year-2020 Thana- KORHA District- Katihar ====================================================== 1.

MANBEL HANSDA @ MANWIL HANSDA S/o Zabbu Hansda R/o village- Santhali Tola, Kolashi, P.S.- Korha, Distt.- Katihar 2.

Bablu Soren S/o Pancham Soren R/o village- Badi Santhali Tola, Kolashi, P.S.- Korha, Distt.- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumar Malendu For the Opposite Party/s :

Mr. Satyadeo Singh Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) 14-06-2021 Heard learned counsel for the parties.

The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 30(a) and 37(c) of the Bihar Prohibition & Excise Act, 2016. Allegation is recovery of 15 litres and 50 litres country-made liquor from the hut behind the house of the petitioner no.1 and 2 respectively.

It has been submitted that recovery was made from

Patna High Court CR. MISC. No.30555 of 2021(2) dt.14-06-2021 2/3 open place which is accessible to anyone and petitioners have been falsely implicated in this case. It has further been submitted that petitioners have no criminal antecedent and nothing was recovered from their conscious possession or from their house.

Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on anticipatory bail, in the event of his arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs. 20,000/- each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Korha P.S. Case No.123/20 subject to the condition as laid down under Section 438(2) of the Cr.P.C with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court.

(3) If the petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

Patna High Court CR. MISC. No.30555 of 2021(2) dt.14-06-2021 3/3

(4) If the petitioners are found involved in similar nature of offences, after their release on bail the trial court shall take steps to cancel their bail bonds.

(S. Kumar, J) Sanjay/- U T