Tuntun Rai@ Tuntun Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16456 of 2025 Arising Out of PS. Case No.-256 Year-2023 Thana- SARAI District- Vaishali ====================================================== Tuntun Rai@ Tuntun Ray Son of Harihar Rai Resident of Village- Diwan Tok, P.S.- Gangabridge, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shivjee Singh, Advocate For the Opposite Party/s :

Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-03-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Sarai PS Case No. 256 of 2023 instituted for the offences under Sections 272, 273, 34 of the IPC and Section 30(a) of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that total 120 litres of country made liquor was recovered from Tempo. 4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery

Patna High Court CR. MISC. No.16456 of 2025(2) dt.21-03-2025 2/2 of liquor. It is submitted that petitioner is neither the owner nor the driver of the seized vehicle. It is further submitted that the name of the petitioner has transpired on secret information. The petitioner is in custody since 22.01.2025 and has got one criminal antecedent in which he is on bail. There is no compliance of Section 103 of B.N.S.S. 5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7.

Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sarai PS Case No. 256 of 2023.

(Rudra Prakash Mishra, J) Raj Ranjan/- U T