Bablu Hansda v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61193 of 2022 Arising Out of PS. Case No.-83 Year-2014 Thana- SONO District- Jamui ====================================================== Bablu Hansda Son of Biram Hansda Resident of Village- Teliyachhorath, P.S.- Sono, District- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanju Singh, Advocate For the Opposite Party/s :

Mr. Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 02-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 273 of the Indian Penal Code and Section 47(A) of the Excise Act.

Recovery is of 30 litres of country made Mahua liquor.

Learned counsel for the petitioner submits that the petitioner has clean antecedents and he has been falsely implicated in the present case. He further submits that in fact the petitioner is not named in the F.I.R. and the name of the petitioner has been transpired during investigation only on the basis of suspicion and no incriminating material has been recovered from the conscious possession of the petitioner or the

Patna High Court CR. MISC. No.61193 of 2022(2) dt.02-12-2022 2/3 house of the petitioner and except suspicion, no cogent material has come during investigation against the petitioner. Learned APP for the State has opposed the prayer for anticipatory bail of the petitioner.

Considering the facts and circumstances of the case and his name has been transpired only on the basis of suspicion and the petitioner has clean antecedents, let the petitioner, above named, be released on anticipatory 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 Court below where the case is pending in connection with Sono P.S. Case No. 83 of 2014, with the following conditions :-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at

Patna High Court CR. MISC. No.61193 of 2022(2) dt.02-12-2022 3/3 any stage, it is found that the petitioner has concealed his criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T