Patna High CourtCR. MISC./49945/2021bail granted

Tuntun Tanti @ Mithu Tanti v. The State Of Bihar

2022-03-25Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49945 of 2021 Arising Out of PS. Case No.-160 Year-2021 Thana- KATORIYA District- Banka ====================================================== TUNTUN TANTI @ MITHU TANTI S/O DEVENDRA TANTI R/o villageBhora Bazar, P.S.- Candan, District- Banka ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 50414 of 2021 Arising Out of PS. Case No.-160 Year-2021 Thana- KATORIYA District- Banka ====================================================== MUNNA KUMAR TANTI Son of Dinesh Tanti Resident of VillageInarawaran, P.S.- Katoria, District- Banka. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

(In CRIMINAL MISCELLANEOUS No. 49945 of 2021) For the Petitioner/s :

Mr.Ajay Mukherjee, Adv.

For the Opposite Party/s :

Ms. Asha Devi, APP (In CRIMINAL MISCELLANEOUS No. 50414 of 2021) For the Petitioner/s :

Mr. Praveen Kumar, Adv For the Opposite Party/s :

Mr. Humayun Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 25-03-2022 Heard the parties via virtual mode in both the bail applications.

Petitioners seek regular bail in connection with Katoriya PS Case No. 160/2021 registered for the offence punishable under Sections 30(a), 32(2) and 56 of the Bihar Prohibition and Excise Act, 2016.

Patna High Court CR. MISC. No.49945 of 2021(2) dt.25-03-2022 2/3 As per first information report, one Bolero vehicle which was being driven by petitioner of Criminal Miscellaneous No.49945 of 2021 in which petitioner of Criminal Miscellaneous No. 50414 of 2021 was sitting, was intercepted by the police and altogether 136.875 litres of foreign made liquor was recovered from the said vehicle.

Learned counsel for the petitioners submits that the petitioners have falsely been implicated in this case inasmuch as petitioner of Criminal Miscellaneous No. 49945 of 2021 was driving the vehicle on hire basis at the instance of its owner and he was not aware about the liquor being kept therein. It has further been submitted that petitioner of Criminal Miscellaneous No. 50414 of 2021 was travelling in the vehicle as a passenger and he was also not aware about the illicit liquor kept in the said vehicle. Learned counsel further submits that petitioners are in custody since 20.06.2021. There is no likelihood that the petitioners will abscond or tamper with evidences if they are granted bail.

Regards being had to the submissions made by the parties and taking into consideration the material on record and the fact that the petitioners having no criminal antecedent are in custody since 20.06.2021, charge-sheet has already been

Patna High Court CR. MISC. No.49945 of 2021(2) dt.25-03-2022 3/3 submitted and there is no likelihood that the petitioners will abscond or tamper with evidences if they are granted bail, I am inclined to grant regular bail to the petitioners. Accordingly, let the petitioners, TUNTUN TANTI @ MITHU TANTI (Criminal Miscellaneous No.49945 of 2021) and MUNNA KUMAR TANTI ( Criminal Miscellaneous No. 50414 of 2021) on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II, Banka in connection with Special Excise Case No. 416/2021 arising out of Katoriya PS Case No. 160/2021.

(Anil Kumar Sinha, J) perwez U T