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Patna High CourtCR. MISC./75629/2024bail rejected

Tinku Bind @ Tinku Kumar v. The State Of Bihar

2024-11-11Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75629 of 2024 Arising Out of PS. Case No.-277 Year-2024 Thana- Kharagpur District- Munger ====================================================== Tinku Bind @ Tinku Kumar Son of Late Ganesh Mandal @ Ganesh Bind Resident of Villabe - Sobhandih, P.S. - Kharagpur, District - Munger ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Deep Anshuman, Advocate For the Opposite Party :

Mr. Sanjay Kumar Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 11-11-2024 Heard Learned Counsel for the petitioner and Learned APP for the State.

2. The petitioner is apprehending his arrest in connection with Kharagpur P.S. Case No. 277 of 2024, lodged on 11.08.2024, under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 pending before the Court of Exclusive Special Judge Excise - I, Munger.

3. As per the prosecution, FIR has been lodged against the sole petitioner. Total recovery of 80 litres of illicit country made liquor and 250 litres of illicit Jawa Mahua have been made which is the subject matter of the present case.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel submits that the antecedent of the petitioner is clean. Counsel

Patna High Court CR. MISC. No.75629 of 2024(2) dt.11-11-2024 2/2 further submits that the petitioner's name has been disclosed by the local chowkidar.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that the recovery has been made from the hut of the petitioner.

6. In the present facts and circumstances, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for anticipatory bail of the petitioner is hereby rejected.

7. It is directed to the petitioner to surrender before the learned Court below within a period of 4 weeks from today. In case, the petitioner surrenders within four weeks, then the Trial Court is directed to pass order on his surrender-cum-bail application on the same day without being prejudice that the anticipatory bail of the petitioner has been rejected by this Court and the Trial Court shall pass order on the merit of this case. Aman Kumar/- (Dr. Anshuman, J) U T