Murari Singh @ Murari Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63303 of 2023 Arising Out of PS. Case No.-43 Year-2023 Thana- NAYAGAON District- Begusarai ====================================================== Murari Singh @ Murari Kumar Son Of Balmiki Singh Resident Of VillageSafapur, Ps- Nayagaon, Distt- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sarvottam Kumar For the Opposite Party/s :

Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable Section 30 (a) of the Bihar Prohibition and Excise Act.

3. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that no incriminating article has been recovered from the conscious physical possession of the petitioner rather 35.175 liters of foreign liquor is said to have been recovered from the house of the petitioner which is joint property. Petitioner has no concern either with the seized liquor or the place of recovery or any trade of liquor. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Petitioner has been falsely

Patna High Court CR. MISC. No.63303 of 2023(3) dt.31-10-2023 2/2 implicated in this case at the instance of his enemy. There is violation of Section 100 Cr.P.C. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

4. Considering the facts that the illicit liquor has been recovered from the house of the petitioner, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Nayagaon P.S. Case No. 43 of 2023.

5. However, if the petitioner surrenders before the learned court below within a period of six weeks from today and prays for regular bail, the same shall be considered by the learned court below on the same day considering the fact that the petitioner has no criminal antecedent.

(Anjani Kumar Sharan, J) devendra/- U T