Mantun Das @ Tuntun Kumar @ Muntun Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29103 of 2021 Arising Out of PS. Case No.-434 Year-2020 Thana- TAJPUR District- Samastipur ====================================================== MANTUN DAS @ TUNTUN KUMAR @ MUNTUN DAS SON OF BHOLA DAS Resident of Village - Harpur Alloth Lagunia, P.S.- Mushrigharari, Distt.- Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raja Ram Mishra, Advocate For the Opposite Party/s :

Mr. Vinod Shankar Modi, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 06-12-2021 Heard Mr. Raja Ram Mishra, learned counsel for the petitioner and Mr. Vinod Shankar Modi, learned Additional Public Prosecutor appearing for the State. Petitioner seeks regular bail in connection with Tajpur P.S. Case No. 434 of 2020 registered for the offences punishable under Sections 41(i), 41(ii) and 30(a) of the Bihar Prohibition and Excise Act, 2016.

The allegation as per the First Information Report is that a pick up van was intercepted by the Police and upon seeing the Police Party, the driver of the vehicle fled away. The petitioner sitting beside the driver was arrested. A total quantity of 200.16 litres of illicit liquor was recovered from the pick up van.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.29103 of 2021(2) dt.06-12-2021 2/3 petitioner has got no criminal antecedent and is is not aware about the illicit liquor being loaded by the driver of the pick up van. He further submits that petitioner is not the owner of the pick up van and he was sitting in the pick up van as a labourer. He also submits that the petitioner is in custody since 14.11.2020 and the charge sheet has already been submitted and there is no likelihood that the petitioner will abscond or tamper with the evidence.

Regards being had to the submission made by the parties and taking into consideration the materials on record, the fact that the petitioner is not the owner of the vehicle and the charge sheet has already been submitted in the matter as well as there is no likelihood that the petitioner will abscond or tamper with the evidence, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned ADJ-II-cumSpecial Judge, Excise Act, Samastipur, in connection with Tajpur P.S. Case No. 434 of 2020.

Patna High Court CR. MISC. No.29103 of 2021(2) dt.06-12-2021 3/3 It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J) S.Ali/- U T