Sarwan Murmu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18286 of 2018 Arising Out of PS. Case No.-86 Year-2016 Thana- PURNEA SADAR District- Purnia ====================================================== Sarwan Murmu, Son of Sunder Murmu, Resident of Village- Uchitpur, Police Station- Ranipatra, District- Purnea.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vikram Singh For the Opposite Party/s :

Sri Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 09-05-2018 Heard Sri Vikram Singh, learned counsel for the petitioner and Sri Shyam Bihari Singh, learned Additional Public Prosecutor.

The sole petitioner, who is in custody since 25.11.2017 with clean antecedent, which fact has been stated in paragraph no. 3 of the petition, has prayed for grant of bail in connection with Special Excise Case No. 522 of 2017 [ arising out of Sadar ( Mufassil) P.S. Case No. 86 of 2016 ] registered for the offence under Section 273 of the Indian Penal Code , 1860 and Section 47(A) of the Excise Act .

Learned counsel for the petitioner submits that on false accusation, recovery of 55 liters of country made liquor and some other materials were shown from the house of petitioner . It has been argued that house was in joint possession

Patna High Court Cr.Misc. No.18286 of 2018(4) dt.09-05-2018 2/2 and at the time of search and seizure none of the family members were present in the house. This is the reason that in the seizure list no signature has been obtained by the authority concerned of any inmates of the house.

Be that as it may, considering the fact that petitioner is in custody since 25.11.2017, nature of accusation and clean antecedent of the petitioner , let the petitioner Sarwan Murmu be enlarged on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand ) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions - cum- Special Judge ( Excise) , Purnea / concerned court in connection with Special Case No. 522 of 2017 [ arising out of Sadar (Mufassil) P.S. Case No. 86 of 2016].

(Rakesh Kumar, J) praful/- U T