Ganesh Kumar Das @ Ganesh Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7585 of 2024 Arising Out of PS. Case No.-102 Year-2022 Thana- MADHWAPUR District- Madhubani ====================================================== Ganesh Kumar Das @ Ganesh Das Son of Ramchandra Das Resident of Ward No.12, Village-Pupari, P.O.-Ratanlaxmi, P.S.-Pupari, Distt.-Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ratnakar Jha For the Opposite Party/s :

Mr. Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-02-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with G.R. No.1243/2022, arising out of Madhwapur P.S. Case No.102/2022 registered for the offence punishable under Sections 272, 273 and 414/34 of the I.P.C. & Section 30(a) of Bihar Prohibition and Excise Act.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and allegation is of recovery of 54 litres of liquor from possession of Md. Irshad and Sumit Kumar, who were on a motorcycle and 9 litres of liquor from the possession of Sonawati Devi. It is next submitted that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and he came to be implicated based based on the fact that he is

Patna High Court CR. MISC. No.7585 of 2024(2) dt.23-02-2024 2/2 owner of the motorcycle. It is next submitted that no prudent person would use his own vehicle for committing an occurrence and thus would create evidence against himself. It is thus submitted that the petitioner was completely unaware that his friend Sumit would misuse his vehicle in the manner as alleged along with Irshad.

4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

5. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.500/- (Rupees five hundred) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II-cumSpecial Judge, Excise Act, Madhubani in connection with G.R. No.1243/2022, arising out of Madhwapur P.S. Case No.102/2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) amit/- U T