Murari Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76963 of 2023 Arising Out of PS. Case No.-179 Year-2023 Thana- KALUAHI District- Madhubani ====================================================== 1.

MURARI KUMAR Son of Ghanshyam Prasad R/o Mohalla Tilak Chowk, P.S. - Madhubani Town, Distt. - Madhubani 2.

Laxman Panjiyar Son of Shrawan Panjiyar R/o mohalla - Mahanthi Lal Chowk, P.S. - Madhubani town, Distt. - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Ranjan For the Opposite Party/s :

Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-12-2023 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have prayed for regular bail in a case instituted for the offence under Sections 272, 273/34 of the IPC and Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, there has been recovery of 90 liters of illegal Nepali liquor from a Car, which was being driven by the petitioners.

Patna High Court CR. MISC. No.76963 of 2023(2) dt.04-12-2023 2/3

4. It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case. They have committed no offence. Petitioners were apprehended on spot. He submitted that the petitioners have no concern with the seized liquor. Nothing incriminating article has been recovered from the conscious possession of the petitioners. They are languishing in judicial custody since 30.08.2023.

5. The application for bail is opposed by learned APP for the State.

6. The petitioners are directed to deposit Rs. 5,000/- (Five thousand) each in the account of concerned DLSA.

7. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II-cum- Special Judge Excise Act, Madhubani in connection with Kuluahi P.S. Case No. 179 of 2023.

8. The bail bond of the petitioners shall be accepted by the learned Court below on showing receipt of deposit of Rs.

Patna High Court CR. MISC. No.76963 of 2023(2) dt.04-12-2023 3/3 5,000/- (Five thousand) each by the petitioners in the account of concerned DLSA.

(Sunil Kumar Panwar, J) Arish/- U T