Tuntun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56156 of 2022 Arising Out of PS. Case No.-225 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Supaul ====================================================== Tuntun Kumar Son of RamNandan Yadav, R/V- Bairiya, Ward No. 2, P.S.- Supaul, Dist- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jitendra Kumar Giri, Adv.

For the Opposite Party/s :

Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 02-12-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual mode.

The petitioner seeks regular bail in connection with Supaul Excise Prohibition P.S. Case No. 225 of 2022 lodged under Sections 30(a) of Bihar Prohibition and Excise Amendment Act, 2018 and 2022.

As per prosecution case, total recovery of 270 litre Nepali wine has been made which was kept on a motorcycle, relating to the present case.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. Learned

Patna High Court CR. MISC. No.56156 of 2022(2) dt.02-12-2022 2/2 counsel also submits that antecedent of the petitioner is clean. He further submits that it is quite impossible that on a motorcycle 217 liter of Nepali wine can be kept. He further submits that from the seizure list it transpires that there is a gross violation of section 100 of Cr.P.C..

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge(Excise) -2 at Supaul, District- Supaul in connection with Supaul Excise Prohibition P.S. Case No. 225 of 2022 (corresponding to Misc. Excise No. 738 of 2022), subject to the conditions as laid down under Section 437(3) of Cr.P.C..

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ravishankar/- U T