Tuntun Ray @ Tun Tun Rai And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.77571 of 2018 Arising Out of PS. Case No.-415 Year-2018 Thana- BARHARA District- Bhojpur ====================================================== 1.

Tuntun Ray @ Tun Tun Rai, S/o Late Bishundev Ray, 2.

Ranjay Ray @ Ranjay Rai, S/o Lalu Ray, Both R/o Vill.- Mahajee, P.S.- Doriganj, District- Chhapra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajendra Singh, Advocate.

For the Opposite Party/s :

Mr. Nityanand, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 15-01-2019 Heard learned counsel for the petitioners and the State.

The petitioners seek bail in Excise Case No. 1672 of 2018 arising out of Barhara P.S. Case No. 415 of 2018, instituted for the offence under Section 30(a) of Bihar Prohibition and Excise Act, 2016.

It is alleged in the written report that 20 liters of country made liquor has been recovered from possession of the petitioners. Petitioners are in custody since 14.10.2018. Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioners is allowed. Let the petitioners above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of

Patna High Court Cr.Misc. No.77571 of 2018(2) dt.15-01-2019 2/2 the like amount each to the satisfaction of learned Special Judge, Excise, Bhojpur, Ara, in connection with Excise Case No. 1672 of 2018 arising out of Barhara P.S. Case No. 415 of 2018, subject to the condition that both the bailors will be the close relatives of the petitioners.

From paragraph-3 of the bail petition it appears that petitioner No. 1 has no criminal antecedent. One Excise case of Barhara P.S. Case No. 283 of 2018, Excise Case No. 1129 of 2018 is pending against petitioner No. 2. In such circumstances, petitioner No. 2 will file affidavit at the time of furnishing bail bonds that he will not indulge in such type of activity in future, failing which, the bail bonds of the petitioner in the instant case will liable to be cancelled. (Sanjay Priya, J) S.Ali/- U T