Murari Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 56573 of 2017 Arising Out of PS. Case No.-236 Year-2017 Thana- Tajpur District- Samastipur ====================================================== Murari Singh, Son of Mohan Singh, Resident of village- Bikrampur, P.S.- Tajpur Halai O.P., District- Samastipur.

... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Sachidanand Choudhary For the Opposite Party/s :

Smt. Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

04-12-2017 Heard Sri Sachidanand Choudhary, learned counsel for the petitioner and learned Addl. Public Prosecutor. The sole petitioner, who is in custody since 07-08-2017 in Tajpur (Halai O.P) P.S. Case No. 236 of 2017 registered for offence under Sections 272, 273 of the Indian Penal Code and Sections 38(1), 38(2), 41(1), 30 (a) of the Bihar Prohibition and Excise Act, 2016, has prayed for grant of bail. Learned counsel for the petitioner, at the very outset, has drawn my attention to statement made in paragraph - 3 of the petition and submits that save and except one case for offence under Section 304(A) of the Indian Penal Code, the petitioner was never involved in any case relating to offence under the Excise Act and he is in custody without any trial. It is true that in the case, from khaprail house of

Patna High Court Cr.Misc. No.56573 of 2017(2) dt.04-12-2017 2/2 petitioner, huge quantity of Indian make foreign liquor was recovered.

However, considering the period of custody as well as the fact that trial has not commenced, let the petitioner namely Murari Singh 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 learned 2nd Additional Sessions Judge cum Special Judge (Excise), Samastipur in connection with Tajpur (Halai O.P) P.S. Case No. 236 of 2017. (Rakesh Kumar, J.) anay U T