Murari Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17668 of 2023 Arising Out of PS. Case No.-376 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Vaishali ====================================================== Murari Kumar Son Of Ramnath Singh R/O Village- Rahimpur (RAHIMAPUR), Ward No.02, P.S.- Bidupur, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shekhar Kumar Singh, Advocate Ms. Pooja Kumari, Advocate For the Opposite Party/s :

Mr. Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 09-05-2023 1.

Heard learned counsel for the petitioner and the learned APP for the State.

2.

Petitioner seeks regular bail in connection with Hajipur Excise (Prohibition) P.S. Case No. 376 of 2022 dated 05.12.2022 registered for the offences punishable under Sections 30(a), 32(i), 32(3), 41(1) and 41(2) of Bihar Prohibition and Excise Act.

3.

The main submissions advanced by learned counsel for petitioner are that the instant matter relates to the recovery of 200 litres of illicit country made wine and the same is stated to have been recovered from a passenger tempo, infact the alleged wine was recovered from the rear side of the tempo where normally the passengers sit and petitioner is the driver of the said tempo and he had no knowledge of the seized article and he

Patna High Court CR. MISC. No.17668 of 2023(2) dt.09-05-2023 2/2 is not the owner of the said tempo. Further submissions are that the petitioner is a very young person having fair and clean antecedent and against him the investigation has been completed and recovery of the alleged wine was not made before the independent persons.

4.

Learned APP for the State opposes the bail prayer of the petitioner.

5.

Considering the above submissions and mainly the petitioner's fair and clean antecedent and the completion of investigation against him, in my opinion, it is a fit case for bail to the petitioner. Accordingly, let the petitioner named above be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of concerned Court in connection with Hajipur Excise (Prohibition) P.S. Case No. 376 of 2022. (Shailendra Singh, J) Shahnawaz/- U T