Tuntun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68869 of 2019 Arising Out of PS. Case No.-420 Year-2019 Thana- ISLAMPUR District- Nalanda ====================================================== TUNTUN KUMAR Son of Umesh Mahto Resident of Village - Murgiya Chak, P.S.- Islampur, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Kishor Prasad For the Opposite Party/s :

Mr.Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 27-11-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Islampur P.S. Case No. 420 of 2019 for the offence punishable under Sections 30(a) of the Bihar Excise (Prohibition) Amendment Act, 2016.

Learned counsel appearing for the petitioner submits that the petitioner is innocent and has not committed any offence. Nothing has been recovered from the conscious possession of the petitioner which is evident from the seizure list and the petitioner has no concern with the alleged recovery. No prima facie case is made out against the petitioner under Section 30(a) of the Bihar Excise

Patna High Court CR. MISC. No.68869 of 2019(2) dt.27-11-2019 2/2 (Prohibition) Amendment Act, 2016. Hence, the petitioner may be granted the privilege of anticipatory bail. Considering the facts and circumstances of the case, let the, above named, petitioners in the event of their arrest or surrender before the court below within a period of four weeks be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.D.J.-III, Nalanda at Biharshariff in connection with Islampur P.S. Case no. 420 of 2019 subject to the conditions laid down under Section 438(2) of the Cr.P.C.

(Arvind Srivastava, J) brajesh/- U T