Mehen Murmu @ Mohan Murmu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47276 of 2025 Arising Out of PS. Case No.-108 Year-2025 Thana- THAKURGANJ District- Kishanganj ====================================================== Mehen Murmu @ Mohan Murmu S/o Babu Lal Murmu R/o VillageChurinala, Chengmari, Ward No. 3, P.S.- Thakurganj, District- Kishanganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Shaheen Begum, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 30-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending arrest in connection with Special Case No.132 of 2025 arising out of Thakurganj P.S. Case No. 108 of 2025 lodged on 21.05.2025, for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per the prosecution, FIR has been lodged against the sole petitioner. Total recovery of 11 litres of country made liquor has been made which is the subject matter of the present case.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel submits that nothing has been recovered from the conscious possession of the petitioner and the said recovery has been made from the petitioner's house and petitioner has falsely been

Patna High Court CR. MISC. No.47276 of 2025(2) dt.30-07-2025 2/2 implicated in this case. Counsel submits that the petitioner is living in his joint family along with all family members and has no concerned with the seized articles. Counsel further submits that the petitioner has no criminal antecedent.

5. Learned APP for the State opposes the prayer for bail of the petitioner but submits that from the record, it transpires that the petitioner has no criminal antecedent.

6. As such, in the present facts and circumstances of this case, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the B.N.S.S., 2023 to the satisfaction of Exclusive Special Judge (Excise-I), Kishanganj, in connection with Special Case No.132 of 2025 arising out of Thakurganj P.S. Case No. 108 of 2025, subject to the conditions as laid down U/s 482(2) of the B.N.S.S., 2023. (Dr. Anshuman, J) Divyansh/- U T