Tallu Hansda v. The State Of Bihar

Patna High Court Cr.Misc. No.17662 of 2016 (5) dt.12-08-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17662 of 2016 Arising Out of PS.Case No. -136 Year- 2016 Thana -GOVERNMENT OFFICIAL COMP. DistrictKATIHAR ====================================================== Tallu Hansda Son of Chandeo Hansda, Resident of Village - Kolashi Santhali Tola, P.S. - Korha, District - Katihar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr. Veena Kumari Jaiswal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 12-08-2016 Heard the parties.

This application, for grant of anticipatory bail, arises out of C-I Case No. 136 of 2016, pending in the court of learned Judicial Magistrate Ist Class, Katihar disclosing offences under Section 47 (a) of the Excise Act read with Section 2(d) and 3 of Bihar Mahuwa Flower Rule, 2006.

It is alleged that from the house of the petitioner, excise officials recovered 120 packets containing 4800 Kgs of Mahua flower.

Learned counsel appearing on behalf of the petitioner has submitted that he has no criminal antecedent. He has also submitted that apart from said Mahua flower, apparently no other

Patna High Court Cr.Misc. No.17662 of 2016 (5) dt.12-08-2016 articles and alleged to have been recovered from the petitioner's house. He has also submitted that if the petitioner is granted anticipatory bail, there is no chance that he will flee away from course of investigation or trial.

In view of the submission, as above, this application is allowed. 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/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Katihar in connection with C-I Case No. 136 of 2016 subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner, above named, shall present himself/herself before the police/Court, as the case may be, as and when required and in the event of failure on his/her part to appear before the Court on two consecutive occasions, his/her bail bond shall be liable to be cancelled. (Chakradhari Sharan Singh, J) Prakash/- U T