Tuntun Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12684 of 2019 Arising Out of PS. Case No.-717 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- East Champaran ====================================================== Tuntun Sahani, aged about 32 years, Male, Son of Late Jadulal Sahani, Resident of Village Chota Bariyarpur, P.S. Chhatauni, District East Champaran.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 01-03-2019 Heard both sides.

Petitioner apprehends his arrest in Excise Case No.717 of 2018, registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The Excise officials arrested Raja Kumar while he was going on a Yamaha motorcycle. Two persons, namely, Vishal Kumar and Tuntun Sahani are said to have fled away. From the possession of Raja Kumar, 43 litres of liquor was recovered. Raja Kumar is said to have disclosed the names of Vishal Kumar and Tuntun Sahani, the petitioner. Learned counsel for the petitioner submits that nothing has been recovered from the possession of the petitioner and petitioner has got no criminal antecedent. Raja Kumar was

Patna High Court CR. MISC. No.12684 of 2019(2) dt.01-03-2019 2/2 apprehended with the liquor and he for the reasons best known to him implicated the petitioner.

Taking into consideration the facts that the name of the petitioner figured in the so called confessional statement of Raja Kumar but nothing has been recovered from the possession of the petitioner, let petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of this order, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned 7th Additional Sessions Judge-cum-Special Judge, Excise, Motihari, East Champaran in connection with Excise Case No.717 of 2018, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Prabhat Kumar Jha, J) S.KUMAR/- U T