Shriman Hansda v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 70887 of 2023 Arising Out of PS. Case No.-284 Year-2023 Thana- FALKA District- Katihar ====================================================== Shriman Hansda Son Of Late Pancham Hansda Resident Of VillageGovindpur Diyra, P.S.- Falka, District- Katihar ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Bimal Kumar, Adv.

For the Opposite Party/s :

Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-11-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Falka P.S. Case No. 284 of 2023 lodged under Sections 30(a) of Bihar Prohibition and Excise Act, 2018.

3. As per the prosecution case, the total recovery of 50 liter desi wine has alleged to be made, which is subject matter of the present case.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that from the seizure list, it transpires that the said recovery has been made near the sarkari ghat. He submits that the said recovery has not been made from the possession of the petitioner.

Patna High Court CR. MISC. No. 70887 of 2023(2) dt.07-11-2023 2/3

5. Counsel for the petitioner submits that petitioner is in custody is since 20.08.2023 having clean antecedent.

6. Learned counsel for the State opposes the prayer for bail.

7. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge, Exclusive Special Excise, Court No.II, Katihar, in connection with Falka P.S. Case No. 284 of 2023, subject to the following conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:- (i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;

(iii) the petitioner shall appear before the concerned police station every month for one year to mark attendance;

Patna High Court CR. MISC. No. 70887 of 2023(2) dt.07-11-2023 3/3 (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Dr. Anshuman, J.) Prakashmani/- U T