Tuntun Pasi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12003 of 2019 Arising Out of PS. Case No.-312 Year-2018 Thana- BELHAR District- Banka * ====================================================== TUNTUN PASI, Son of Late Naresh Pasi, Resident of Village- Wara, P.S.- Belhar, District- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Nandad Prasad, Adv.

For the Opposite Party/s :

Ms.Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-02-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 16.11.2018 in a case registered for the offences punishable under Section 30(a) (g), 37(c)of the Bihar Prohibition and Excise Act, 2016 and Sections 25(1-B)a, 26, 27, 35 of the Arms Act.

It is alleged that from the room of the petitioner, one litre illicit Mahua liquor and from a bag, one country made pistol and one used cartridge were recovered. It is submitted by learned counsel for the petitioner that the recovery has been made from the joint family house of the petitioner and the investigation has already been concluded. A statement has been made in paragraph no.3 of the petition that

Patna High Court CR. MISC. No.12003 of 2019(2) dt.27-02-2019 2/2 the petitioner is not having any criminal antecedent. Learned APP for the State submits that the recovery has been made from the petitioner.

Considering the said recovery from the joint family house of the petitioner and the investigation being concluded, coupled with statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II, Banka, in connection with Belhar P.S. Case No. 312 of 2018.

(Dinesh Kumar Singh, J) Ashwini/- U T