Patna High CourtCR. MISC./54355/2019bail rejected

Tuntun Prasad v. The State Of Bihar

2019-08-29Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54355 of 2019 Arising Out of PS. Case No.-308 Year-2019 Thana- ISLAMPUR District- Nalanda ====================================================== TUNTUN PRASA, aged about 38 years, Male, Son of Amarnath Prasad @ Amarish Prasad @ Amaru, Resident of Village-Korawan, P.S.-Islampur, District-Nalanda ... Petitioner

Versus

THE STATE OF BIHAR ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Rajani Kant Pandey, Adv.

For the Opposite Party :

Mr. Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 29-08-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

The petitioner seeks pre-arrest bail in connection with Islampur P.S. Case No. 308 of 2019, pending in the Court of the Additional Sessions Judge III-cum-Special Judge, Nalanda at Biharsharif, for the offence alleged under Section 30(A) of the Bihar Prohibition and Excise Act, 2016.

The accusation is of recovery of 77 bottles, each containing 750 ml and 40 bottles, each containing 375 ml Indian made foreign liquor from first floor of the petitioner, in which in ground floor the flour mill is established.

The submission of the learned counsel for the petitioner is that at the time of raid of the house of the petitioner, the petitioner was not present and the house is a joint family house. Petitioner has no criminal antecedent.

Patna High Court CR. MISC. No.54355 of 2019(2) dt.29-08-2019 2/2 Learned Additional Public Prosecutor for the State opposes the prayer for pre-arrest bail.

Having regard to the facts and circumstances of the case, I am not inclined to grant the privilege of pre-arrest bail to the petitioner. The prayer for pre-arrest bail is rejected. The petitioner is directed to surrender before the Court below and seek regular bail, which will be considered on its own merit and without being prejudiced of this order.

(Rajendra Kumar Mishra, J) Shamshad/- U T