Tuntun Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45599 of 2025 Arising Out of PS. Case No.-16 Year-2010 Thana- JALALGARH District- Purnia ====================================================== Tuntun Das S/o- Kishan Das Village- Baghua Bhawanipur W.No-10, Haaripur Ps- Jogbani Dist- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumar Rajdeep, Advocate Ms. Diksha Kumari, Advocate For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 11-09-2025 Heard learned counsel for the petitioner and learned APP for the State who has filed counter affidavit in this case.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 413, 414 & 34 of the IPC and Section 135 of the Customs Act.

3. The case of the prosecution is that altogether 45 quintal of betel nut was recovered from a truck. The driver and owner were apprehended. The name of this petitioner was disclosed by the apprehended persons.

4. Learned counsel for the petitioner submits that in view of Section 135 of the Customs Act, the maximum punishment will be seven years. It has also been submitted by the learned counsel that driver and owner of the vehicle have been

Patna High Court CR. MISC. No.45599 of 2025(3) dt.11-09-2025 2/2 granted bail by the learned Co-ordinate Bench vide Cr. Misc. Case No. 27364 of 2010 and 22053 of 2010. It is further submitted by learned counsel for the petitioner that one other coaccused has also been granted bail by this Court vide order dated 22.05.2025 passed in Cr. Misc. No. 33145 of 2025. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 02.06.2025.

5. Learned APP appearing for the State has vehemently opposed the regular bail of the petitioner.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Jalalgarh P.S. Case No. 16 of 2010 on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Economic Offence, Purnea.

(Ashok Kumar Pandey, J) Shubham/- U T