Murari Paswan @ Murari Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.90323 of 2024 Arising Out of PS. Case No.-145 Year-2024 Thana- PARSAUNI District- Sitamarhi ====================================================== Murari Paswan @ Murari Kumar S/o- Mahesh Paswan Village- Andhara PsParsauni Dist- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Kumar, Advocate For the Opposite Party/s :

Mr.Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 29-01-2025 1.

Heard learned Counsel for the petitioner and learned APP for the State.

2.

This application, for grant of anticipatory bail, arises out of Parsauni PS case no. 145 of 2024, disclosing offences punishable under Section 317(5) of B.N.S. Act and Section 30(a) of Bihar Prohibition and Excise Act. 3.

The prosecution story, as per the First Information report, is that upon secret information, when the informant along with police force reached at villageMushari, they saw that 8-9 persons gathered there and upon seeing police party, they started fleeing away, out of which, one was caught hold by the police and he disclosed the name of the petitioner as one of the persons who fled away.

Patna High Court CR. MISC. No.90323 of 2024(2) dt.29-01-2025 2/3 Upon search, 585 liters of illicit Nepali liquor was recovered near the field of Chunni Singh kept under the pipal tree and seizure list was prepared.

4.

Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case on the basis of disclosure made by apprehended accused Law Paswan. He further submits that illicit liquor has been recovered from an open space, accessible to everyone. 5.

Regard being had to the submissions made on behalf of the parties and taking into consideration the fact that illicit liquor has been recovered from an open space and name of the petitioner has transpired on disclosure of coaccused, I am inclined to grant the privilege of anticipatory bail to the petitioner.

6.

This application is, accordingly, allowed.

7.

Let petitioner, abovenamed, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Exclusive Special Excise Court No. 2, Sitamarhi in connection with Parsauni PS case

Patna High Court CR. MISC. No.90323 of 2024(2) dt.29-01-2025 3/3 no. 145 of 2024, subject to the condition laid down under Section 482 of the Code of Criminal Procedure. (Anil Kumar Sinha, J) rinkee/- U T