Anil Munda v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48414 of 2023 Arising Out of PS. Case No.-147 Year-2023 Thana- BARARI District- Katihar ====================================================== ANIL MUNDA S/o Sapur Chand Munda @ Kapur Chand Munda R/o-Batheli Madhepura, P.S.-Katihar Muffasil, Distt-Katihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kunwar Ajit Singh with Mr. Sanjeev Kumar Singh, Advocates For the Opposite Party/s :
Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-08-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.
3. As per prosecution case, there has been recovery of 384 liters of illegal liquor from a Car.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to local village politics and ulterior motive of the local police. He has committed no offence. Petitioner has apprehended on spot. He submitted that the petitioner has no concern with the wine in question. No incriminating article has been recovered from the
Patna High Court CR. MISC. No.48414 of 2023(3) dt.24-08-2023 2/2 conscious possession of the petitioner. The provision of Section 100 of the Cr.P.C. has not followed in this case. He is languishing in judicial custody since 08.05.2023.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Barari P.S. Case No. 147 of 2023.
(Sunil Kumar Panwar, J) arish/- U T