Patna High CourtCR. MISC./7375/2020allowed

Ganesh Thakur @ Ganesh Kumar v. The State Of Bihar

2020-02-04Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7375 of 2020 Arising Out of PS. Case No.-213 Year-2019 Thana- KIUL RAIL P.S. District- Lakhisarai ====================================================== Ganesh Thakur @ Ganesh Kumar S/o Surendra Thakur @ Sulendra Thakur R/o village- Barh Kachahri, East Malahi, P.S.- Barh, District- Patna ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Anil Kumar Singh, Advocate For the Opposite Party :

Mrs.Veena Rani Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 04-02-2020 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is in custody in connection with Special Case No. 545 of 2019, arising out of Rail Kiul P.S. Case No. 213 of 2019, for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that nothing has been recovered from conscious possession of the petitioner, who is in custody since 17.12.2019. He submits that the name of the petitioner has surfaced on the basis of the confessional statement of co-accused Sanjeet Mahto @ Sanjay Kumar. He further submits that in the instant case total 40.620 litres of foreign liquor was seized.

Considering the fact that nothing has been recovered

Patna High Court CR. MISC. No.7375 of 2020(2) dt.04-02-2020 2/2 from conscious possession of the petitioner, the Court is inclined to grant bail to him. The petitioner named above, is directed to be released on bail on furnishing bail bonds of Rs.50,000/- (Rupees fifty thousand) with two sureties of the like amount each to the satisfaction of A.D.J.- II-cum-Special Judge, Excise Lakhisarai in connection with Special Case No. 545 of 2019, arising out of Rail Kiul P.S. Case No. 213 of 2019. In the event, the petitioner is found involved in similar case in future, the court below shall be at liberty to cancel his bail bonds in the present case.

(Anil Kumar Upadhyay, J) BT/- U T