Patna High CourtCR. MISC./18326/2024bail granted

Sunil Tanti v. The State Of Bihar

2024-03-12Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18326 of 2024 Arising Out of PS. Case No.-6 Year-2024 Thana- KAJRA District- Lakhisarai ====================================================== Sunil Tanti Son Of Late Jawahar Tanti Resident Of Village - Madhopur, Police Station - Kajra, District - Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar, Advocate For the Opposite Party/s :

Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 12-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Kajra P.S. Case No. 06 of 2024, instituted for the offences punishable under Section 37 of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, petitioner in drunken state was abusing and assaulting his wife and children. Thereafter, petitioner was apprehended by the informant on spot. On medical test presence of alcohol in his body was confirmed.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. No incriminating material has been recovered from the conscious

Patna High Court CR. MISC. No.18326 of 2024(2) dt.12-03-2024 2/2 possession of the petitioner. It is further submitted that petitioner has not consumed any liquor. The petitioner is in custody since 16.01.2024 and has got one criminal antecedent in which the petitioner is on bail. There is no compliance of Section 100 of Cr.P.C.

5. Learned APP 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/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Kajra P.S. Case No. 06 of 2024.

(Rudra Prakash Mishra, J) Rajorshi/- U T