Hopanmay Hembram @ Savitri Hembram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33040 of 2019 Arising Out of PS. Case No.-14 Year-2019 Thana- BANDHUWA KURAWA District- Banka ====================================================== Hopanmay Hembram @ Savitri Hembram, Wife of Late Barku Hansda @ Narayan Hansda, Resident of Village-Machana, P.O and P.S.- Bandhuwa Kurawa, Distt - Banka.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Nirbhay Kumar Singh, Advocate For the Opposite Party :

Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 20-05-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Bandhuwa Kurawa P.S. Case No.14 of 2019 registered under Sections 30(a) and 30(d) of the Bihar Prohibition and Excise Act, 2016.

It is contended by the learned counsel for the petitioner that the petitioner, a tribal lady, has been falsely implicated in this case. The admitted case of the prosecution is that recovery of illicit liquor and mahua flower was from forest and not from the house of the petitioner. The petitioner is in no manner concerned with the recovery of alleged 10 litres of illicit

Patna High Court CR. MISC. No.33040 of 2019(2) dt.20-05-2019 2/3 liquor and 50 kg of mahua flower.

Learned counsel for the State submitted that it is true that the recovery is from the forest, but the same was from behind the house of the petitioner.

Be that as it may, regard being had to the fact that the petitioner is a lady and nothing was recovered from her conscious possession or from house, she is directed to be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand only) with sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II, Banka in connection with Bandhuwa Kurawa P.S. Case No.14 of 2019 subject to the following conditions:- (a) that the petitioner shall attend court in accordance with the conditions of the bond executed;

(b) that the petitioner shall not commit an offence similar to the offence of the present case; and (c) that the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing

Patna High Court CR. MISC. No.33040 of 2019(2) dt.20-05-2019 3/3 such facts to the Court or to any police officer or tamper with the evidence.

(Ashwani Kumar Singh, J.) Sanjeet/- U T