Tuntun Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43001 of 2025 Arising Out of PS. Case No.-59 Year-2025 Thana- MANJHI District- Saran ====================================================== Tuntun Sahani Son of Anirudh Sahani @ Anirudh Mallah Resident of Village - Chotaki Fulwariya, P.S.- Manjhi, Dist.- Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandra Mohan Jha, Advocate For the Opposite Party/s :

Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 30-06-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. Earlier the anticipatory bail of the petitioner was rejected by a Co-ordinate Bench vide order dated 15.05.2025 passed in Cr. Misc. No. 30713 of 2025 (Annexure-1). 3.

The petitioner seeks bail in connection with Manjhi PS Case No. 59 of 2025 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act. 4.

The prosecution case, in short, is that total 129.6 litres of illicit foreign liquor was recovered from the Motorcycle. 5.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.43001 of 2025(2) dt.30-06-2025 2/3 the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is submitted that motorcycle in question does not belong to the petitioner. It is further submitted that the name of the petitioner has transpired on the basis of apprehended co-accused person namely, Dinesh Sahani. The petitioner has one criminal antecedent in which he is on bail. The petitioner is in custody since 30.05.2025. There is no compliance of Section 103 of B.N.S.S. Other co-accused has been granted bail by this Court vide order dated 01.05.2025 passed in Cr. Misc. No. 28158 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 and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.43001 of 2025(2) dt.30-06-2025 3/3 below/concerned Court in connection with Manjhi PS Case No. 59 of 2025.

(Rudra Prakash Mishra, J) Raj Ranjan/- U T