Patna High CourtCR. MISC./79893/2023allowed

Murari Kumar Sah @ Murari Saah v. The State Of Bihar

2023-12-11Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79893 of 2023 Arising Out of PS. Case No.-280 Year-2023 Thana- BAUNSI District- Banka ====================================================== MURARI KUMAR SAH @ MURARI SAAH Son of Bhola Sah RESIDENTOF VILLAGE SONWARSHA, PS SONWARSA, DISTT. - SAHARSA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Praveen Kumar For the Opposite Party/s :

Mr.Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 30(a) and 47 of the Bihar Prohibition and Excise Act.

3. As per prosecution case, there has been recovery of 172.800 liters of illegal foreign liquor from a Car.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner was not apprehended on spot and he has no concern with the seized wine in question. He further submitted that petitioner happens to be the owner of the seized car and he has been implicated in the present case. No

Patna High Court CR. MISC. No.79893 of 2023(2) dt.11-12-2023 2/2 incriminating article has been recovered from the conscious possession of the petitioner. He is languishing in judicial custody since 25.09.2023.

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

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-II, Banka in connection with Baunsi P.S. Case No. 280 of 2023.

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