Babloo Tuddu v. The State Of Bihar

Patna High Court Cr.Misc. No.4147 of 2017 (2) dt.17-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4147 of 2017 Arising Out of PS.Case No. -18 Year- 2011 Thana -GOVERNMENT OFFICIAL COMP. DistrictKATIHAR ======================================================

1. Babloo Tuddu Son of Thakur Tuddu Residents of Village- Bathna, Police Station- Mansahi, District- Katihar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar For the Opposite Party/s : Mr. Sri Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 17-02-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of C.I. Case No. 18 of 2011, disclosing offences under Sections 47(a), (f) read with Section 3(f), 48 of the Excise Act as well as Rule 2(C), 3, 5(B) and 18 of the Bihar State Mahuwa Flower Rules.

According to the prosecution, 720 Kgs. Mahuwa flower, kept in 18 gunny bags, have been recovered from the possession of the petitioner.

Learned counsel for the petitioner has submitted that the petitioner, who is of clean antecedent, belongs to scheduled tribe community and have not committed any offence. Nothing

Patna High Court Cr.Misc. No.4147 of 2017 (2) dt.17-02-2017 has been recovered from the house of this petitioner. Moreover, the seizure list prepared in this case is in violation of Section of 100 Cr.P.C. as the same does not contain signature of the petitioner nor it has been prepared in the presence of local witnesses, which is a mandatory provision. Hence, the petitioner deserves the privilege of anticipatory bail.

Considering the facts and circumstances of the case and the nature of accusation, let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, 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 Chief Judicial Magistrate, Katihar, in connection with C.I., Case No. 18 of 2011, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T