Patna High CourtCR. MISC./60334/2024bail granted

Tuntun Kumar v. The State Of Bihar

2024-09-19Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60334 of 2024 Arising Out of PS. Case No.-591 Year-2023 Thana- MASHRAK District- Saran ====================================================== Tuntun Kumar S/o Arun Prasad Kasera @ Arun Kumar @ Arun Ji R/o Village- Dumarsan, P.S.- Mashrakh, Dist.- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhananjay Kumar Tiwary,Advocate For the Opposite Party/s :

Mr.Kanhiya Kishor, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 19-09-2024

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 Mashrakh P.S. Case no. 591 of 2023 registered under section 30(a) of Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, on information having been received that the petitioner is involved in illegal business of liquor, a raid was conducted and 5.4 litres of indian made foreign liquor was recovered from behind the shop of the petitioner.

4. Learned counsel for the petitioner submits that no incriminating article has been recovered from the petitioner's possession and the alleged place of recovery is an open place accessible to all. The cause of his false implication is his

Patna High Court CR. MISC. No.60334 of 2024(2) dt.19-09-2024 2/2 antecedents.

5. Heard learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegation against the petitioner in the F.I.R. and the alleged place of recovery being an open place accessible to all, 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 Mashrakh P.S. Case no. 591 of 2023 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 2nd Exclusive Special Excise Judge, Saran at Chhapra. (Partha Sarthy, J) Harsh/- U T