Ganesh Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35642 of 2018 Arising Out of PS. Case No.-51 Year-2018 Thana- BIKRAMGANJ District- Rohtas ====================================================== Ganesh Tiwari, Son of Hare Ram Tiwari, Resident of Village Dharupur, P.S. Bikramganj, District- Rohtas.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manoj Kumar Singh For the Opposite Party/s :

Sri Uma Shankar Prasad Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 28-06-2018 Heard Sri Manoj Kumar Singh , learned counsel for the petitioner and learned Additional Public Prosecutor. The sole petitioner, apprehending his arrest in connection with Bikramganj P.S. Case No. 51 of 2018, registered for the offence under Section 30(A) of the Bihar Prohibition and Excise Act, 2016 and Section 272/273 of the Indian Penal Code, 1860 , has prayed for grant of bail in the event of his arrest or surrender on the ground that nothing was recovered from conscious possession of the petitioner. It has been argued that petitioner has been made accused only on the basis of suspicion, whereas in the case country made liquor was shown to be recovered behind the back of BISCOMAUN Bhawan building concealed in straw. It has been argued that petitioner was not having any concern with the place from

Patna High Court Cr.Misc. No.35642 of 2018(2) dt.28-06-2018 2/2 where recovery was affected which was an open area near the BISCOMAUN building.

Considering the facts and circumstances , in the event of his arrest or surrender within a period of six weeks from today, let the petitioner Ganesh Tiwari 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 Spl. Judge, Excise Rohtas at Sasaram / concerned court in connection with Bikramganj P.S. Case No. 51 of 2018 subject to the conditions as contemplated under Section 438 (2) of the Code of Criminal Procedure, 1973. (Rakesh Kumar, J) praful/- U T