Murari Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39602 of 2020 Arising Out of PS. Case No.-286 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Samastipur ====================================================== MURARI KUMAR SINGH S/o- Late Rameshwar Singh R/V- Pagra Ward No. -10, P.S. - Dalsinghsarai, District - Samastipur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar, Advocate For the Opposite Party/s :

Mr. Arvind Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 22-02-2021 Heard learned Counsel for the petitioner and the learned Counsel for the State.

This Court would expect that the petitioner's Counsel would honour his undertaking in the instant proceedings regarding supply of requisite court fee etc. within two weeks from the date he is called upon to do so by the office.

Petitioner seeks bail in Excise Case No. 286 of 2020., Computer Reg. No. 283 of 2020 registered under Section 30(a) of Bihar Prohibition and Excise Act, 2016.

From the toilet in the courtyard of the petitioner's house, there is alleged recovery of 50.370 liters of foreign liquor. Learned Counsel for the petitioner submits that the petitioner is a man of clean past and is in custody since 12.10.2020. Submission is that his implication in violation of the provisions contained in Section 100 Cr.P.C.

Learned APP has opposed the prayer for bail.

Considering the rival submissions as also the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on

Patna High Court CR. MISC. No.39602 of 2020(2) dt.22-02-2021 2/2 furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of 2nd Additional Sessions Judge -cum- Special Judge, Excise, Samastipur in Excise Case No. 286 of 2020., Computer Reg. No. 283 of 2020 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner. (ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) SNkumar/- U T