Murat Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1847 of 2025 Arising Out of PS. Case No.-21 Year-2024 Thana- Haraiya District- East Champaran ====================================================== Murat sah S/o Brijlal Prasad @ Brij Mohan Prasad Resident of village- Semra Bajar, P.S.- Turkauliya, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 28-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Haraiya PS Case No. 21 of 2024 instituted for the offences under Sections 318(4), 338, 336(3), 340(2), 61(3) of B.N.S. and Sections 30(a), 41(i), 31, 38 and 47 of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that total 4000 litres of spirit was recovered from go-down.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner.

Patna High Court CR. MISC. No.1847 of 2025(3) dt.28-02-2025 2/3 The petitioner has got no concern with the alleged recovery of liquor. It is submitted that petitioner is not the owner of the go-down. It is further submitted that the name of the petitioner has transpired on the basis of confessional statement of apprehended co-accused person namely, Awadhesh Kumar Shrivastava. The petitioner is in custody since 26.10.2024 and has got five criminal antecedents in which he is on bail. There is no compliance of Section 103 of B.N.S.S. Other co-accused has been granted regular bail by this Court vide orders dated 27.01.2025 and 29.01.2025 passed in Cr. Misc. Nos. 2642 of 2025 and 90115 of 2024 respectively.

5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7.

Let the petitioner be released on bail, after framing of charge if not already framed on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of

Patna High Court CR. MISC. No.1847 of 2025(3) dt.28-02-2025 3/3 the like amount each to the satisfaction of Court below/concerned Court in connection with Haraiya PS Case No. 21 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Ranjan/- U T