Babulal Hansda v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67126 of 2022 Arising Out of PS. Case No.-274 Year-2022 Thana- JHAJHA District- Jamui ====================================================== BABULAL HANSDA Son of Daggu Hansda R/V- Karamdiha (Aasta) TilaKarhara Jhajha, Dist- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar Sinha For the Opposite Party/s :

Mr.Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending their arrest in a case registered for the offences punishable under Sections 30(a), 32 of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 10 litres of country made liquor from the house of petitioner. Learned counsel appearing on behalf of the petitioner has submitted that the petitioner is innocent and has committed no offence. Petitioner has no concern

Patna High Court CR. MISC. No.67126 of 2022(2) dt.09-12-2022 2/3 with the alleged recovery. From perusal of the seizure list, it appears that is no independent witness of search and seizure list is not handed over to any family member of the petitioner. Neither the petitioner was arrested nor any incriminating article has been recovered from his possession.

Learned APP appearing for the State has opposed the prayer of Bail.

In the facts and circumstance of the case and considering the fact that meagre quantity of liquor is recovered, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Special Court Excise 1st, Jamui in connection with Jhajha P.S. Case No. 274 of 2022, subject to the conditions as laid down under

Patna High Court CR. MISC. No.67126 of 2022(2) dt.09-12-2022 3/3 Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) nirajkrs/- U T