Jumurati @ Md. Jumurati @ Jumrati v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73479 of 2022 Arising Out of PS. Case No.-174 Year-2022 Thana- SAHARGHAT District- Madhubani ====================================================== Jumurati @ Md. Jumurati @ Jumrati Son Of Md. Atabul Rain @ Atabul R/VSaharghat @ Bairwa, P.S.- Saharghat, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Jha For the Opposite Party/s :

Mr. Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 272, 273 and 34 of Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 90 liters Nepali illicit liquor which was kept in a bag loaded on a motorcycle.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case. He has no concern with the alleged recovery of illicit liquor or with the vehicle in question. He has never involved in transporting

Patna High Court CR. MISC. No.73479 of 2022(2) dt.13-01-2023 2/2 illicit liquor. No any incriminating article has been recovered from his conscious possession. A statement has been stated in para 3 of the petition that petitioner has got no criminal antecedent. The petitioner is languishing in judicial custody since 20.09.2022.

Learned APP appearing for the State has vehemently opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Saharghat P.S. Case No 174 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-IIcum-Special Judge Excise Act, Madhubani. (Sunil Kumar Panwar, J) shubham/- U T