Tuntun Rai @ Tunnu Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16953 of 2020 Arising Out of PS. Case No.-531 Year-2019 Thana- CHAPRA MUFFASIL District- Saran ====================================================== TUNTUN RAI @ TUNNU RAI Son of Hareshwar Ray @ Rajeshwar Ray Resident of Village - Hasanpurwa, P.S.- Chapra Muffasil, Distt - Saran at Chapra.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vijay Kumar For the Opposite Party/s :
Mr.Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-05-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.
The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice at the instance of the learned counsel for the petitioner. Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case instituted for the offences under Sections 272, 273/34 of Indian Penal Code and 30(A) and 41(1) of the Bihar Prohibition and Excise Act, 2016. Prosecution case, in short, is that 90 liters wine is recovered.
It has been submitted on behalf of the petitioner that
Patna High Court CR. MISC. No.16953 of 2020(2) dt.13-05-2020 2/3 the petitioner is in custody since 13.01.2020 and has got no criminal antecedent. Charge-sheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that 90 liters wine is recovered from the house of co-accused namely Sujeet Kumar and Babban Rai. The name of the petitioner has transpired on the disclosure made by co-accused namely Sujeet Kumar and Babban Rai. There is no recovery from the conscious possession of the petitioner. There is no compliance of Section 100 Cr.P.C. There is no chance of trial being concluded in near future.
On behalf of the State, it is submitted that the petitioner is named in the F.I.R/complaint case. Considering the aforesaid facts and circumstances, and also the lockdown, the petitioner, above named, is directed to be released on bail on his personal bond to the satisfaction of learned 2nd Additional Sessions Judge -cum- Special Judge, Excise, Saran in connection with Chapra Muffasil P.S. Case No. 531/2019.
Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each within a period of four weeks to
Patna High Court CR. MISC. No.16953 of 2020(2) dt.13-05-2020 3/3 the satisfaction of the court concerned in connection with the aforesaid case.
(Sudhir Singh, J) Pankaj/- U T