Patna High CourtCR. MISC./15089/2024bail granted

Murari Kumar @ Krishna Murari v. The State Of Bihar

2024-03-12Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15089 of 2024 Arising Out of PS. Case No.-130 Year-2023 Thana- KARPURIGRAM District- Samastipur ====================================================== 1.

Murari Kumar @ Krishna Murari S/O Kameshwar Mahto R/O VillageShambhupatti, P.S- Karpurigram, Distt.- Samastipur. 2.

Dhiraj Kumar S/O Shiv Kumar Sah R/O Village- Dadhiya Belar, P.SKarpurigram, Distt.- Samastipur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Arvind Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-03-2024

1. Heard learned counsel for the petitioners as well as learned APP for the State.

2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Section 30(a), 32, 36 and 41 of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. The learned counsel for the petitioners submit that the petitioner no.1 has antecedent of two cases and petitioner no.2 has antecedent of one case and allegation is of recovery of 1666.80 liters of liquor from a different vehicles as detailed in the FIR.

4. It is next submitted that petitioners were not arrested from the spot as such nothing was recovered from the

Patna High Court CR. MISC. No.15089 of 2024(2) dt.12-03-2024 2/2 conscious possession and have not owner of any of the seized vehicle and they came to be implicated at the instance of 'Chowkidar' with whom they are on on inimical term.

5. The learned APP for the State opposes the anticipatory bail application.

6. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.10,000 (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge Excise-I, Samastipur in connection with Karpurigram P.S. Case No.130 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T