Allowed

Tuntun Prasad v. the State of Bihar

Patna HC19 Aug 2021CR. MISC./24084/2021

Case brief

AI extract

What is this about?

The Patna High Court granted anticipatory bail to the petitioner in a case involving the recovery of wine under the Bihar Prohibition and Excise Act, 2016, directing him to undertake a personal bond before the Special Judge and deposit bail bonds upon restoration of normalcy.

What did the court decide?

Petitioner granted anticipatory bail, directed to give personal bond to Special Judge, Excise, Siwan, and file bail bonds with sureties within eight weeks of normalcy.

Tuntun Prasad Vs the State of Bihar — Narcotics (NDPS) | Patna HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.24084 of 2021

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Arising Out of PS. Case No.-33 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Siwan

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======================================================

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TUNTUN PRASAD Son of Late Salik Sah Resident of Village - Karahi Khurd, Police Station - Basantpur, District - Siwan.

... ... Petitioner/s

Versus

THE STATE OF BIHAR

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Bijay Prakash Singh, Advocate For the Opposite Party/s : Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER

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2 19-08-2021

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Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

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Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks from the date of restoration of normalcy.

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The petitioner is apprehending his arrest in connection with Excise case No. C-III-33 of 2021 registered under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

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The prosecution case, in short, is that 108.720 liters wine is recovered.

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It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent and there is no allegation of tampering of witnesses alleged against the

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Patna High Court CR. MISC. No.24084 of 2021(2) dt.19-08-2021 2/3

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petitioner. The petitioner has falsely been implicated in this case. The name of the petitioner has transpired in this case as the alleged recovery is made from the joint house of the petitioner where the other family members also reside. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that 108.720 liters wine is recovered from the joint house of the petitioner. The petitioner had no knowledge regarding the alleged incident. Nothing incriminating has been recovered from the conscious possession of the petitioner. There is no compliance of Section 100 Cr.P.C.

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On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R.

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Considering the facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned 2^nd Additional Sessions Judge-cumSpecial Judge, Excise, Siwan in connection with Excise case No. C-III-33 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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Once the normalcy is restored, the petitioner shall

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Patna High Court CR. MISC. No.24084 of 2021(2) dt.19-08-2021 3/3

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furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

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(Sudhir Singh, J)

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Narendra/-

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U T

Tuntun Prasad v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Tuntun Prasad v. the State of Bihar

Case brief

What is this about?

What did the court decide?

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