Tunna Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9606 of 2019 Arising Out of PS. Case No.-234 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Gopalganj ====================================================== TUNNA SINGH, aged about 35 years, Male, S/o Late Lal Kishor Singh, resident of Village- Marwa, P.S-Baikunthpur, Dist.Gopalgang ... Petitioner

Versus

THE STATE OF BIHAR ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Arbind Kumar Singh, Adv.

For the Opposite Party :

Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 19-02-2019 Heard the learned counsel for the petitioner and the learned counsel appearing for the State.

The petitioner seeks bail in connection with Excise Case No. 234 of 2018 for the offence alleged under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution case, as lodged by the excise officials, is that on secret information the Aagan Bari Kendra at Baikunthpur, district Gopalganj, was raided and 750.680 liters of Indian made foreign liquor was recovered found in a locked room. The keys were with co-accused Ram Babu Rai and five persons including the petitioner have been named in the prosecution report on the basis of the name being told by the local people.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history, was not apprehended from the place of occurrence and nothing has been recovered from his conscious possession and he has been made

Patna High Court Cr.Misc. No.9606 of 2019(2) dt.19-02-2019 2/2 accused only on suspicion. He, further, submits that one of the co-accused, on similar allegations, has been granted the privilege of pre-arrest bail by a coordinate Bench of this Court in Cr. Misc. No. 1358 of 2019, dated 18.01.2019, and the petitioner is languishing in judicial custody since 15.01.2019. However, the learned Additional Public Prosecutor for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let the petitioner, above named be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Excise Case No. 234 of 2018 to the satisfaction of the learned Additional Sessions Judge II-cum-Special Judge, Excise, Gopalganj, subject to the condition that one of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner.

(Nilu Agrawal, J) Shamshad/- U T