Tuntun Prasad @ Tuntun Sah v. The State Of Bihar

Patna High Court Cr.Misc. No.6316 of 2018 (2) dt.01-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6316 of 2018 Arising Out of PS.Case No. -188 Year- 2017 Thana -BASANTPUR District- SIWAN ====================================================== Tuntun Prasad @ Tuntun Sah, s/o, Late Salik Sa, r/o. village Karahi Khurd, P.S. Basantpur, Dist. Siwan.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satyendra Rai For the Opposite Party/s : Mr. Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 01-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 15.11.2017 in connection with Basantpur P.S. Case No. 188 of 2017 for the alleged offences under Sections 272, 273, 308 of the Indian Penal Code and Section 30 of the Bihar Prohibition & Excise Act, 2016.

3. It is submitted that the petitioner has been falsely implicated in connection with recovery of 237.24 litres of foreign liquor from a van. Similarly situated co-accused Amit Singh has been granted anticipatory bail by this Court in Cr. Misc. No. 42919 of 2017. Other co-accused Prakash Shah @ Om Prakash Shah and Sonu Kumar have been granted bail by this Court in Cr. Misc. No. 55297 of 2017 and Cr. Misc. No. 53180 of 2017 respectively.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Additional District and Sessions Judge-II, Siwan in connection with Basantpur P.S. Case No. 188 of 2017 on the following conditions:-

Patna High Court Cr.Misc. No.6316 of 2018 (2) dt.01-02-2018 (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(iv) That the petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/BT U T