Murari Kumar @ Murari Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 57541 of 2025 Arising Out of PS. Case No.-152 Year-2025 Thana- MANSI District- Khagaria ====================================================== Murari Kumar @ Murari Yadav, S/O Arvind Yadav, R/O Village- Ekaniya, P.S.- Mansi, District- Khagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vivekanand Singh, Advocate.
For the State :
Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 27-08-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail, apprehending his arrest, in connection with Mansi P.S. Case No.152 of 2025 dated 24.06.2025 registered for the offences punishable under Sections 8, 20(b)(ii)(b) of Narcotic Drugs and Psychotropic Substance Act.
3. As per allegation, one sack and one bag were recovered from under the tree containing 17.9 kg of Ganja. As per further case of the Police, seeing the Police team, three persons had fled away leaving behind the bag and sack and after secret information, petitioner is one of the persons who had fled away leaving behind the sack and bag containing the contraband, besides two unknown persons.
Patna High Court CR. MISC. No. 57541 of 2025(2) dt.27-08-2025 2/3
4. Learned counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. He further submits that the petitioner case is based on suspicion. There is no connecting evidence which may show the involvement of the petitioner with the alleged contraband recovered from sack and bag. He also submits that the petitioner is 22 years young student of graduation and in case liberty is not protected, his career would be spoilt without any his fault.
5. It is also stated in paragraph No. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph No.3 of the bail petition that the petitioner has no criminal antecedents.
7. However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.
8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs.10,000 /- (Ten Thousand)
Patna High Court CR. MISC. No. 57541 of 2025(2) dt.27-08-2025 3/3 with two sureties of the like amount each to the satisfaction of learned concerned court below in connection with Mansi P.S. Case No. 152 of 2025, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S 2023, and on the following conditions:
(i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedent, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J) S.Ali/- U T