Patna High CourtCR. MISC./39941/2019bail granted

Tuntun Mahto v. The State Of Bihar

2019-06-28Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39941 of 2019 Arising Out of PS. Case No.-182 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Samastipur ====================================================== Tuntun Mahto, S/o Sonelal Mahto, R/o village- Gangapur, P.S.- Musarigharari, Distt.- Samastipur ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mukesh Kumar No.1, Advocate For the Opposite Party/s :

Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-06-2019 This is an application for grant of anticipatory bail in connection with Excise Case No.182 of 2019, disclosing offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Prosecution story is of recovery of huge quantity of liquor from the road side near the house of one Dhoily Das. Submission of the learned counsel for the petitioner is that nothing has been recovered from the possession of the petitioner nor from his house and he was made accused on the basis of suspicion. He has no criminal antecedent. Heard learned A.P.P. also.

Having heard both sides, considering the fact that as there is no specific allegation of recovery either from his house or from his conscious possession, this application is allowed.

Patna High Court CR. MISC. No.39941 of 2019(2) dt.28-06-2019 2/2 Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of learned 2nd Additional Sessions Judge-cumSpecial Judge Excise Act, Samastipur, in connection with Excise Case No.182 of 2019, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure. (Vinod Kumar Sinha, J) Sunil Shukla/- U T