Tuntun Kumar @ Tuntun Singh @ Tun Tun Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14715 of 2020 Arising Out of PS. Case No.-688 Year-2019 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Tuntun Kumar @ Tuntun Singh @ Tun Tun Singh, Son of Hareram Singh Resident of Village-Kapasiya, Ward no.13, P.S-Town, District-Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amit Narayan, Advocate Ms. Nirmala Kumari, Advocate For the Opposite Party/s :

Mr. Satyadeo Singh Yadav, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 11-06-2020 Heard Mr. Amit Narayan, learned counsel for the petitioner and the learned APP for the State. The petitioner seeks bail in anticipation of hisr arrest in connection with Town P.S. Case No. 688 of 2019 dated 24.11.2019 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

It appears from the FIR that 34.56 litres of foreign liquor was recovered from an abandoned brick house said to be belonging to the petitioner. It has been submitted on behalf of the petitioner that a false case has been instituted against him in as much as the FIR was registered on 24.11.2019, but it was endorsed by the Special Judge/Chief Judicial Magistrate only after three days.

Patna High Court CR. MISC. No.14715 of 2020(2) dt.11-06-2020 2/2 Apart from this, it has been submitted that the house from where recovery has been made is not habitable and the petitioner is also not the exclusive owner of the same.

The petitioner has clean antecedent.

Considering the aforenoted facts, the petitioner is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-IIcum-Special Judge, Bihar Prohibition and Excise Act, Begusarai in connection with Town P.S. Case No. 688 of 2019, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Ashutosh Kumar, J) krishna/- U T