Tuntun @ Mangru @ Mithlesh Kumar @ Mithilesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35452 of 2023 Arising Out of PS. Case No.-39 Year-2019 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== TUNTUN @ MANGRU @ MITHLESH KUMAR @ MITHILESH KUMAR SON OF VIJAY SINGH RESIDENT OF VILLAGE- BAHARAR, PSSASARAM (MUFFASIL), DISTT- ROHTAS AT SASARAM ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Chhote Lal Mishra, Advocate For the Opposite Party/s :
Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-06-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.
Learned counsel for the petitioner submits that the petitioner is a person with one antecedent and allegation is of recovery of 172.800 liters of liquor from a Khalihan close to the canal situated at village Baharar.
Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession, it is next submitted that he came to be implicated based on secret
Patna High Court CR. MISC. No.35452 of 2023(2) dt.21-06-2023 2/2 information which is the easiest way to implicate someone, it is further submitted petitioner is not the owner of the Khalihan from where the liquor was seized.
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount to the satisfaction of the learned trial court where the case is pending/successor court in connection with Sasaram (Muffasil), P.S. Case No. 39 of 2019 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Adnan/- U T