Tuntun Yadav @ Tuntun Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67481 of 2022 Arising Out of PS. Case No.-137 Year-2022 Thana- NATWAR District- Rohtas ====================================================== TUNTUN YADAV @ TUNTUN KUMAR SON OF RAM RAJ YADAV R/O VILLAGE- LOHARA, P.S.- DINARA, P.O.- GUNSEJ, DISTRICTROHTAS ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Krishna Mohan Ray For the Opposite Party/s :
Mr.Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-01-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual Court proceedings. The petitioner apprehends his arrest in a case registered for the offences punishable u/s 30 (a) of the Bihar Prohibition and Excise Act, 2018.
Altogether 66 liters of country made liquor is said to have been recovered from a motorcycle and one person was apprehended on spot who disclosed the name of petitioner who fled away from the spot.
It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either with the seized liquor or the vehicle of recovery or any trade of
Patna High Court CR. MISC. No.67481 of 2022(2) dt.06-01-2023 2/3 liquor. He has been falsely implicated in this case at the instance of his enemy. He was not apprehended on the spot and his name transpired in the case only on the basis of confessional statement of the apprehended co-accused. Petitioner has no criminal antecedent and one of the co-accused has been granted anticipatory bail vide order dated 09.12.2022 passed in Cr. Misc. No.57798 of 2022 by a co-ordinate Bench of this Court. Petitioner is agreed to deposit a sum of Rs.20,000.00 (Rupees Twenty Thousand) in the PM Cares fund, bearing Account No.2121PM20202, IFSC Code: SBIN 0000691, SWIFT Code: SBININBB104, State Bank of India, New Delhi Main Branch, UPI ID : pmcares@sbi.
Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below, where the case is pending/Successor court, in connection with Natwar P.S. Case No.137 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C, with the following conditions:
Patna High Court CR. MISC. No.67481 of 2022(2) dt.06-01-2023 3/3 (i) That one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner. He will also undertake to inform the Court if there is any change in the address of the petitioner.
(2) The bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature and thereafter the Court below will be at liberty to initiate proceeding for cancellation of anticipatory bail on the ground of misuse.
The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.20,000.00 (Rupees Twenty Thousand) in the PM Cares fund. (Anjani Kumar Sharan, J) pallavi/- U T