Murari Singh @ Murari Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55338 of 2024 Arising Out of PS. Case No.-65 Year-2024 Thana- CHACKMEHSI District- Samastipur ====================================================== Murari Singh @ Murari Kumar, Son of Pappu Singh @ Pappu Kumar Singh, Resident of Kalaunjar, P.O.-PS,- Chakmaheshi, Distt.- Samastipur, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 25-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Chakmehsi P.S. Case No. 65 of 2024 instituted under Section 30(a) of the Bihar Prohibition & Excise Act.

3. As per the prosecution case, three persons were going on motorcycle and when the Police party tried to stop them, one person fled away with the motorcycle and two accused persons have been apprehended with 375 ml of 4 bottles of foreign liquor i.e. total 1.5 litres. The allegation against the petitioner is that he had fled away from the spot.

4. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case on the basis of disclosure statement of co-accused and

Patna High Court CR. MISC. No.55338 of 2024(3) dt.25-09-2024 2/2 except the same there is nothing material against the petitioner. The petitioner has two criminal antecedents in which he is on bail and he undertakes to co-operate in the investigation and the trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount to each to the satisfaction of the learned Special Excise Court I, Samastipur / Concerned Trial Court in connection with Chakmehsi P.S. Case No. 65 of 2024, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) ashishkr/- U T