Tuntun Ram @ Tuntun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32656 of 2022 Arising Out of PS. Case No.-2 Year-2021 Thana- BARURAJ District- Muzaffarpur ====================================================== Tuntun Ram @ Tuntun Kumar, Son of Ravindra Ram, R/O VillageMehdinagar Bankat, P.S.- Baruraj, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandra Shekhar Anand, Advocate For the Opposite Party/s :

Mr.Navin Kumar Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 05-09-2022 Heard Mr. Chandra Shekhar Anand, learned counsel appearing on behalf of the petitioner and Mr. Navin Kumar Pandey, learned A.P.P. for the State.

Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. The petitioner seeks regular bail in connection with Baruraj P.S. Case No. 02 of 2021, for the offence punishable under Sections 20 and 22 of the N.D.P.S. Act and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. As per the allegation made in the F.I.R. a raid was conducted in the house of petitioner from where 12 bottles containing 18.210 litres of Indian Made Foreign Liquor and 600 gram Marijuana (Ganja) were recovered.

Learned counsel appearing on behalf of the petitioner submits that the petitioner has clean antecedent, nothing was

Patna High Court CR. MISC. No.32656 of 2022(2) dt.05-09-2022 2/3 recovered at the time of seizure. Though, the alleged seizure has been made from the house from where 18 litres of illicit Indian Made Foreign Liquor and the Ganja less than small quantity has been recovered. The petitioner is in custody since 22.03.2022. Chargesheet has already been submitted. Learned A.P.P. for the State has opposed the prayer for grant of bail to the petitioner.

Taking into consideration the nature of crime, which has been alleged against the petitioner as well as the period of custody undergone by the petitioner, Chargesheet has already been submitted, without going into the merits of the case, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 25000/- (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge (Excise), Court No. II, Muzaffarpur in connection with Baruraj P.S. Case No. 02 of 2021, subject to the following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court.

Patna High Court CR. MISC. No.32656 of 2022(2) dt.05-09-2022 3/3

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(4) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bonds.

(5) The court below is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in paragraph No.3 of the bail application, this order will automatically loose its force.

(Purnendu Singh, J) manish/- U T