Tuntun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12410 of 2018 Arising Out of PS.Case No. -847 Year- 2017 Thana -MUZAFFARPUR TOWN DistrictMUZAFFARPUR ======================================================

1. Tuntun Kumar, Son of Debu Ray, Resident of Village- Rampur Vishun, P.S.- Warisnagar, District- Samastipur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ranjan Kumar For the Opposite Party/s : Mr. Smt. Renuka Ratnakar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 28-02-2018 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Muzaffarpur (Town) PS case no. 847 of 2017 registered for the offences punishable under Sections 272, 273 of Indian Penal Code and 30(a), 38(2) of Bihar Prohibition and Excise Act, 2016. The allegation is regarding recovery of 18 ltrs. of illicit liquor from an auto rickshaw.

The learned counsel for the petitioner submits that neither any recovery has been made from the conscious possession of the petitioner nor the said auto rickshaw is said to be that of the petitioner. It is further submitted that the petitioner has a clean antecedent.

Patna High Court Cr.Misc. No.12410 of 2018 (2) dt.28-02-2018 2/2 Considering the nature of accusation and the fact that prima facie, no case is made out under the provisions of the Excise Act, I deem it fit and appropriate to admit the petitioner to the privilege of anticipatory bail. Accordingly, the abovenamed petitioner, 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, is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of Special Judge (Excise), Muzaffarpur in connection with Muzaffarpur (Town) PS case no. 847 of 2017 subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure.

(Mohit Kumar Shah, J) rinkee/- U T