Patna High CourtCR. MISC./44872/2023bail granted

Moharam Nut v. The State Of Bihar

2023-08-11Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44872 of 2023 Arising Out of PS. Case No.-354 Year-2022 Thana- DAUDPUR District- Saran ====================================================== 1.

MOHARAM NUT SON OF CHATURGUN NAT @ CHITRUGUN NAT RESIDENT OF VILLAGE- JAIPUR NUT TOLI, PS- DAUDPUR, DISTTSARAN AT CHAPRA 2.

TABKANI DEVI WIFE OF SOHARAM NUT RESIDENT OF VILLAGEJAITPUR NUT TOLI PS- DAUDPUR, DISTT- SARAN AT CHAPRA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar For the Opposite Party/s :

Mr.Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-08-2023 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend their arrest in a case registered for the offence punishable under Section 30 (a) of the Bihar Prohibition & Excise Act.

3. As per the prosecution case, 140 liters of country made liquor has been recovered from near the house of these petitioners.

4. Learned counsel appearing for the petitioners submits that petitioners are innocent and have falsely been implicated in the case. No incriminating article has been recovered from the conscious possession of the petitioners and

Patna High Court CR. MISC. No.44872 of 2023(2) dt.11-08-2023 2/2 they are no way concerned with the alleged recovery.

5. Learned counsel appearing for the State opposes the prayer for anticipatory bail.

6. Considering the facts of the case and nature of accusation against the petitioners, let the petitioners, above named, in the event of their arrest/ surrender within a period of six weeks from today shall 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 Special Judge, Excise Act-I, Saran at Chapra in connection with Daudpur PS case No. 354/ 2022, subject to conditions laid down u/s 438(2) of the Cr.P.C.

(Prabhat Kumar Singh, J) BKS/- U T