Patna High CourtCR. MISC./11049/2024bail granted

Ganesh Sao v. The State Of Bihar

2024-02-22Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11049 of 2024 Arising Out of PS. Case No.-1865 Year-2023 Thana- Excise P.S. District- Patna ====================================================== Ganesh Sao S/O Umesh Sao R/O Hamam Par, Ps.- Khajekala, Dist. Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar Pradhan, Adv.

For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Excise Patna P.S. Case No. 1865 of 2023 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018 & 2022.

3. As per prosecution case, the police has recovered altogether 84.8 liter illegal country-made liquor (Chulai) from the two gunny bags and a plastic bag.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery of

Patna High Court CR. MISC. No.11049 of 2024(2) dt.22-02-2024 2/2 liquor. The petitioner has no criminal antecedent as has been stated in paragraph no.3 of the present bail application. There is a non-compliance of Section 100 of the Cr.P.C. which creates a serious doubt in the prosecution case. The petitioner is languishing in judicial custody since 17.12.2023.

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

6. Considering the entire facts and circumstances of the case and taking into account the period of custody of the petitioner as also the petitioner having no criminal antecedent, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Excise Patna P.S. Case No. 1865 of 2023.

(Rudra Prakash Mishra, J) rishi/- U T