Tuntun Singh @ Priyanshu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55426 of 2024 Arising Out of PS. Case No.-279 Year-2024 Thana- UDWANTNAGAR District- Bhojpur ====================================================== Tuntun Singh @ Priyanshu Kumar son of Late Ajeet Singh @ Late Hans Lal Singh Village- Asani PS- Udwantnagar District- Bhojpur at Ara. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashank Shekhar, Advocate For the Opposite Party/s :

Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 02-09-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of anticipatory bail apprehending his arrest in connection with Udwantnagar P.S. Case no. 279 of 2024, registered under section 30(a) of Bihar Prohibition & Excise Act, 2016.

3. As per the prosecution case, on secret information having been received that the petitioner had hidden liquor for the purpose of sale, it is stated that a raid was conducted and from the place in front of the house of the petitioner, 40 litres of illicit liquor was recovered.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. It is submitted that from the FIR and the seizure list, it would be evident that the alleged place of recovery is in front of the house of the petitioner which is accessible to all and cannot be said to

Patna High Court CR. MISC. No.55426 of 2024(2) dt.02-09-2024 2/2 be a place under the exclusive control of this petitioner. The petitioner has no concern with the seized article and he has no criminal antecedent.

5. The application for anticipatory bail is opposed by learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R., no incriminating article having been recovered from the petitioner's possession and his not having any antecedent under the Bihar Prohibition & Excise Act, 2016, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Udwantnagar P.S. Case no. 279 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Judge, Excise Court no.-II, Bhojpur at Ara.

(Partha Sarthy, J) Shiv/- U T