Tunna Kumar @ Tunna @ Tunna Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41835 of 2025 Arising Out of PS. Case No.-441 Year-2024 Thana- RAXAUL District- East Champaran ====================================================== Tunna Kumar @ Tunna @ Tunna Ram S/o Shambhu Paswan @ Sambhu Ram Resident of village- Ahirwa Tola, Ward no 07, P.S.- Raxaual, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate For the Opposite Party/s :

Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-09-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2.

The petitioner seeks bail in connection with Raxaul P.S. Case No. 441 of 2024 instituted for the offence under Sections 8(c), 20(B)(ii)(c), 21(b), 22(c) & 29 of the NDPS Act. 3.

As per prosecution case, 1.590 Kg of charas and 100 gram of brown sugar have been recovered from outside the hut.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 11-02-2025. Petitioner bears three criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's

Patna High Court CR. MISC. No.41835 of 2025(5) dt.18-09-2025 2/2 counsel that petitioner has been falsely implicated in the present case. Name of the petitioner has surfaced in the case on the basis of confessional statement of co-accused, namely, Raja Hussain. Nothing has been recovered from the possession of the petitioner. Learned counsel for the petitioner mainly submits that co-accused, namely, Ravi Kumar Gupta having similar allegation has been granted bail by this Court vide order dated 11-09-2025, passed in Cr. Misc. No. 65734 of 2025. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and claim based on parity, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Raxaul P.S. Case No. 441 of 2024. (Rudra Prakash Mishra, J) Raj Kishore/- U T