Santosh Murmu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35933 of 2023 Arising Out of PS. Case No.-255 Year-2022 Thana- BELHAR District- Banka ====================================================== Santosh Murmu Son Of Barka Murmu Resident Of Village - Kharikadh, P.S. - Belhar, Distt. - Banka ... ... Petitioner
Versus
The State Of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Dhananjay Kumar Pandey, Advocate For the Opposite Party :
Mr. Abhay Kumar Roy, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 21-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection with Belhar P.S. Case No. 255 of 2022 dated 09.07.2022, instituted for the offence punishable under Sections30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
3. As per the case of prosecution, 15 liters of illicit liquor has been recovered from a Hut, near the house of the petitioner.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has falsely been implicated in this case. It is submitted that nothing has been recovered from the house of the petitioner and the said recovery was made from
Patna High Court CR. MISC. No.35933 of 2023(2) dt.21-07-2023 2/2 outside area. It is further submitted that the petitioner has no concern with the said Hut as well as with the seized illicit liquor. Lastly, it has been submitted that he has one case against him.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest/surrender of the petitioner in connection with Belhar P.S. Case No. 255 of 2022, he shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J., II, Banka, subject to condition as laid down under Section 438(2) of the Cr.P.C. (Khatim Reza, J) shanu/- U T