Tuntun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71518 of 2025 Arising Out of PS. Case No.-305 Year-2025 Thana- ATHMALGOLA District- Patna ====================================================== Tuntun Kumar S/o Satendra Rai R/O- Vill.- Naya Tola Dedaur, P.S.- Bakhtiyarpur, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anand Kumar, Advocate For the Opposite Party/s :

Mr. Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 08-10-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Athmalgola P.S. Case No. 305 of 2025 for the offence registered under Sections 30 (a) of the Bihar Prohibition & Excise Act.

3. As per the prosecution case, total 95 litres of illicit country made liquor recovered from the white sacks loaded on the motorcycle in front of the house of Raja Kumar situated at village Fulelpur. It is alleged that the petitioner along with other co-accused person were going to deliver the same to Vimal Rai and Mukesh Kumar.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case due to local politics. He has no concern with the seized

Patna High Court CR. MISC. No.71518 of 2025(2) dt.08-10-2025 2/2 liquor or motorcycle. Nothing has been recovered from the conscious possession of the petitioner. He further submits that the petitioner was neither the driver nor the owner of the seized motorcycle. Petitioner is a young boy aged about 19 years, having clean antecedent. Petitioner is in jail custody since 25.08.2025. Petitioner undertakes to cooperate in the trial of the case.

5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

6. Considering the facts and circumstances of the case and the submissions of learned counsel for the parties and period of custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge Excise, Barh, Patna, in connection with Athmalgola Excise P.S. Case No. 305 of 2025.

(Sunil Dutta Mishra, J) khushbu/- U T