Tunnu Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39677 of 2025 Arising Out of PS. Case No.-84 Year-2025 Thana- BARHARA District- Bhojpur ====================================================== Tunnu Ray Son of Bhuteli Yadav @ Bhuteli Ray Resident of Paiga, P.S.- Barahara, Distt.- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shiv Prasad Gupta, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 27-06-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is apprehending his arrest in connection with Barahra P.S. Case No. 84 of 2025 for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.
3. Recovery of total 98 litres of country made liquor has been made from a motorcycle bearing Reg. No. BR03AM0928, which is the subject matter of the present case.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence rather he has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The alleged wine has been recovered from an open place at night on
Patna High Court CR. MISC. No.39677 of 2025(2) dt.27-06-2025 2/3 road which is accessible to any person. Petitioner has no concern with the alleged wine. Petitioner was going on his motorcycle to admit his relative in nearby Primary Health Centre in village Hazipur, who was in serious condition. The alleged vehicle was parked by him on the road and thereafter the same was seized by the police.
5. Learned APP opposes the prayer for bail.
6. Keeping in view the aforesaid facts, this Court is inclined to extend him the privilege of anticipatory bail.
7. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the date of receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Exclusive Special Excise Court- 1st, Bhojpur at Ara, in connection with Barahra P.S. Case No. 84 of 2025 subject to the conditions as laid down under Section 438(2) of the Cr.P.C., as also with the following conditions:- (i) One of the bailors should be close relative of the petitioner.
(ii) Petitioner shall co-operate in the trial and shall be physically present on each and every fixed date till framing of charge and on his absence on two consecutive
Patna High Court CR. MISC. No.39677 of 2025(2) dt.27-06-2025 3/3 dates without sufficient reason, his bail bonds may be cancelled by the learned trial Court.
(S. B. Pd. Singh, J) Ankit Kumar/- U T