Tuntun Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43634 of 2021 Arising Out of PS. Case No.-72 Year-2020 Thana- TARABARI District- Araria ====================================================== Tuntun Singh S/o Late Deo Nath Singh Resident of Village-Saurgaon, Ward No.2, P.S.- Kursakanta, District- Araria.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar Sharma For the Opposite Party/s :
Mr. H.A. Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-01-2022 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. Learned counsel for the petitioner undertakes to remove the defects within four weeks of normal court proceedings. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.
The petitioner apprehends his arrest in Tarabari P.S. Case No.72 of 2020, registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. There is no recovery from the conscious possession of the petitioner rather the police has recovered 48
Patna High Court CR. MISC. No.43634 of 2021(2) dt.29-01-2022 2/3 litres of country made liquor from a motorcycle. It is submitted that the petitioner was not apprehended at the spot. It is further submitted that the said motorcycle belong to the petitioner, therefore, the petitioner has been made accused in this case. Learned APP for the State opposed the prayer for anticipatory bail of the petitioner.
Petitioner is ready to deposit a sum of Rs.10,000/- (rupees ten thousand) in Bihar Kishore Nyay Nidhi, Apna Ghar, Near Lalit Bhawan, Bailey Road, Patna bearing Saving Bank Account No.35094613009, State Bank of India, Branch Name Patna Secretariat Sinchai Bhawan, Branch Code-153, IFSC Code-SBIN0000153.
In the facts and circumstances of the case, let petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge-cum-Special Judge, Araria in connection with Tarabari P.S. Case No.72 of 2020, subject to the conditions:
(1) Laid down under Section 438(2) of the Cr.P.C.
(2) One of the bailors would be close relative of the
Patna High Court CR. MISC. No.43634 of 2021(2) dt.29-01-2022 3/3 petitioner having sufficient immovable properties, who will file an affidavit stating his relationship with the petitioner.
(3) If the petitioner indulges in an offence of similar nature in future, the prosecution will be at liberty to move the learned court below for cancellation of his bail bond.
(4) The bail bond of the petitioner shall be accepted by learned court below on showing receipt of deposit of Rs.10,000/- (rupees ten thousand) in Bihar Kishore Nyay Nidhi, Apna Ghar, Near Lalit Bhawan, Bailey Road, Patna bearing Saving Bank Account No.35094613009, State Bank of India, Branch Name Patna Secretariat Sinchai Bhawan, Branch Code153, IFSC Code-SBIN0000153. (Anjani Kumar Sharan, J.) Sanjay/- U T