Murari Kumar @ Murari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66478 of 2021 Arising Out of PS. Case No.-23 Year-2019 Thana- MANSURCHAK District- Begusarai ====================================================== MURARI KUMAR @ MURARI Son of Sanjeev Rai Resident of VillageRupaswaj, P.S.- Bachhwara, District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 25-04-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 272 and 273 of the Indian Penal Code and sections 30, 36, 38, 40 and 47 of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, 539.74 litres of IMFL was recovered from the room in the tubewell and the accused Saurabh Kumar was arrested. It is further stated that the arrested accused disclosed that the liquor belonged to Birla @ Sonu and he along with Birala, Chhotu, Ankit Chaudhary and the petitioner besides others are involved in the business of liquor. It is submitted by learned counsel for the petitioner that neither the petitioner was arrested at the spot nor any incriminating article has been recovered from his possession.

Patna High Court CR. MISC. No.66478 of 2021(2) dt.25-04-2022 2/2 The name of the petitioner transpired in the statement of coaccused Saurabh Kumar made before police. The reason for false implication of the petitioner is his antecedent. He is in custody since 29.6.2021 and chargesheet has been submitted in the case.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case, the petitioner not having been arrested at the spot and having remained in custody for more than 9 months, the petitioner is directed to be enlarged on bail in connection with Mansoorchak P.S. Case no. 23 of 2019 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Begusarai. (Partha Sarthy, J) Spd/- U T