Patna High CourtCR. MISC./53492/2023bail granted

Mahesh Lal Murmu v. The State Of Bihar

2023-08-18Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53492 of 2023 Arising Out of PS. Case No.-83 Year-2023 Thana- AAJAM NAGAR District- Katihar ====================================================== Mahesh Lal Murmu, Son Of Chunka Murmu Resident Of Village - Makhna, P.S. - Dandkhora, District - Katihar ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Chandra Shekhar Anand For the Opposite Party/s :

Mr.Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-08-2023

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of the Excise Act.

3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of recovery of 40.64 litres of liquor from a motorcycle.

4. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and he came to be implicated based on the fact that the seized motorcycle belongs to him. It is next submitted that no prudent person would use his

Patna High Court CR. MISC. No.53492 of 2023(2) dt.18-08-2023 2/2 own vehicle for committing a crime and thus, would create evidence against himself and hence, would get implicated. It is next submitted that petitioner earlier had lost his driving licence for which he had approached the concerned police station also.

5. Learned A.P.P. opposes the bail application.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise Court No.2, Katihar in connection with Ajamnagar P. S. Case No.83 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T