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2025 DAILYLAW 99003 (PAT)

Munna Turiya v. The State of Bihar

CR. MISC./45147/2025 · 2025-08-01

S B P Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.45147 of 2025 Arising Out of PS. Case No.-914 Year-2024 Thana- Excise P.S. District- Nawada ====================================================== Munna Turiya son of Baigan Turiya Resident of Village- Hathochak PS -Rajauli, Dist- Nawada ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajesh Kumar Sinha For the Opposite Party/s : Mr. Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 3 01-08-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Excise P.S. Case no. 914 of 2024 instituted for the offence under Sections 30(a) and 30(c) of the Bihar Prohibition of Excise Act. 3. As per allegation in the FIR, informant got secret information regarding manufacturing of deshi mahua wine, then police team proceeded for raiding. On seeing the police officials, accused persons managed to escape and 2500 liters of fermented mahua solution was destroyed and 15 liters wine was recovered. Seven FIR named accused persons were identified by the local villagers and then the present FIR. Patna High Court CR. MISC. No.45147 of 2025(3) dt.01-08-2025 2/3 4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Petitioner has no concern with the alleged recovery or with the place of occurrence. The name of the petitioner has been disclosed in this case by the local persons, which has no evidentiary value in the eye of law. Provision of Section 103 BNSS has not been followed by the police officials while preparing the seizure list. Neither the petitioner was arrested nor any incriminating article has been recovered from his possession. 5. Learned APP appearing for the State has opposed the prayer of Bail. 6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Excise P.S. Case no. 914 of 2024, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge, 2nd, Nawada subject to the conditions as laid down under section Patna High Court CR. MISC. No.45147 of 2025(3) dt.01-08-2025 3/3 482 of the BNSS. sushma/- (S. B. Pd. Singh, J) U