Tuntun Ram @ Tantan Ram @ Tantan Ram Pasi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.88362 of 2024 Arising Out of PS. Case No.-282 Year-2024 Thana- SAHPUR District- Bhojpur ====================================================== Tuntun Ram @ Tantan Ram @ Tantan Ram Pasi, S/o Darsh Pasi, R/o vill - Birampur, P.S. - Udwant Nagar, Distt.- Bhojpur (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Kanhiya Kishor, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 10-01-2025 Heard learned counsel for the petitioner and Mr. Kanhiya Kishor, learned APP for the State.

2.The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Shahpur P.S. Case No. 282 of 2024 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act.

3. The case of the prosecution is that one E-Rikshaw was intercepted by the police. The driver of the E-Rikshaw was managed to escape and he could not be identified as well. From that E-Rikshaw, altogether 220 liters of country made liquor was recovered. Petitioner is the owner of E-Rikhsaw.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has

Patna High Court CR. MISC. No.88362 of 2024(2) dt.10-01-2025 2/2 committed no offence. He has falsely been implicated in this case. It has been argued by learned counsel for the petitioner that the petitioner has handed over his E-Rikshaw to his neighbour for some personal work. Nothing has been recovered from his possession. He has no concern with the alleged liquor. He is having no criminal antecedent.

5. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioner.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Shahpur P.S. Case No. 282 of 2024, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge, Excise Court No. II, Bhojpur at Ara, subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Ashok Kumar Pandey, J) lata/- U T