Murari Singh @ Murari Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37323 of 2020 Arising Out of PS. Case No.-212 Year-2020 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== Murari Singh @ Murari Kumar, Son of Kari Singh, Resident of Village - Iniyar, Ward No. 11, P.S. - Muffasil, District - Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sandip Kumar Gautam, Advocate.

For the Opposite Party/s :

Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 01-07-2021 As prayed for, let the learned counsel appearing for the petitioner remove the defect(s), as pointed out by the office, within four weeks of starting of the Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and the learned A.P.P. appearing for the State through Video Conferencing.

The petitioner apprehends his arrest in connection with Sahebpur Kamal P.S. Case No. 212 of 2020, registered under Section 30(a) of the Bihar Excise Act, 2016. The accusation is that in course of patrolling duty, one Hyundai I-10 car bearing registration no. BR09AA-0521 was intercepted. On search, several bottles of Indian made

Patna High Court CR. MISC. No.37323 of 2020(2) dt.01-07-2021 2/3 foreign liquor in the volume of 40.125 litre were recovered from the said Hyundai I-10 car. On query, driver of the car disclosed his name as Subham Kumar and also disclosed the name of his three associates, Vijay Kumar, Balbir Paswan and Nitish Kumar, who succeeded to flee away, who used to purchase the illicit liquor from Murari Singh (petitioner) of village Iniyar. Learned counsel for the petitioner submits that petitioner was not apprehended at the spot nor he is the driver of the said vehicle, from which, the alleged country made liquor are said to be recovered. Further submission is that the name of the petitioner has surfaced in the confessional statement of coaccused, Subham Kumar, who was apprehended at the spot with the said vehicle. Further submission is that petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II-cum-Special Judge, Bihar Prohibition and Excise Act, in connection with Sahebpur Kamal P.S. Case No.

Patna High Court CR. MISC. No.37323 of 2020(2) dt.01-07-2021 3/3 212 of 2020, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T