Tuntun Sah @ Tuntun Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.9244 of 2018 Arising Out of PS.Case No. -189 Year- 2017 Thana -BASANTPUR District- SIWAN ======================================================
1. Tuntun Sah @ Tuntun Prasad S/o Late Salik Sah, R/o Village- Karahi Khurd , P.S.- Basantpur, District- Siwan.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Satyendra Rai For the Opposite Party/s : Mr. Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 17-02-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in Basantpur P.S. Case No. 189 of 2017 registered under Section 272, 273 & 308 of the Indian Penal Code and Section 30 of the Bihar Prohibition and Excise Act, 2016.
303.72 liters of foreign liquor is said to have been recovered from the bush located in the field of the petitioner. 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 was not arrested on spot. The field of the petitioner is accessible to anyone as it is open. He has been falsely implicated in this case due to
Patna High Court Cr.Misc. No.9244 of 2018 (02) dt.17-02-2018 2/ 2 dirty village politics. He has no concern with the seized liquor. Though two more cases have been lodged against the petitioner but he is on bail in the aforesaid cases. He has been languishing in custody since 16.11.2017.
In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-2nd, Siwan in connection with Basantpur P.S. Case No.189 of 2017, G.R. No.2777/2017. (Prakash Chandra Jaiswal, J) Trivedi/- U T