Ganesh Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19413 of 2025 Arising Out of PS. Case No.-518 Year-2023 Thana- SAHPUR District- Bhojpur ====================================================== Ganesh Thakur S/O Manager Thakur R/O Vill.- Nauranga, P.S.- Bairiya, Dist.- Balia, UP ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bibhakar Tiwary, Advocate For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 16-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending arrest in connection with Shahpur P.S. Case No. 518 of 2023, registered on 11.11.2023, for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per the prosecution, total recovery of 132.84 litres of illicit liquor has been made, which is the subject matter of the present case.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel further submits that nothing has been recovered from the possession of the petitioner, and the petitioner has no connection whatsoever with the said recovery in any manner. It is further

Patna High Court CR. MISC. No.19413 of 2025(2) dt.16-04-2025 2/2 submitted that the petitioner's name has been figured in this case by virtue of the confessional statement of the co-accused, Manoj Kumar. Counsel fairly admits that the petitioner's criminal antecedent is not clean, there is one criminal case pending against him in which he is persuading for bail.

5. Learned APP for the State opposes the prayer for bail and submits that criminal antecedent of the petitioner is not clean.

6. In the present facts and circumstances, this Court is not inclined to grant anticipatory bail to the petitioner, therefore the bail application of the petitioner is hereby rejected.

7. It is directed to the petitioner to surrender before the Trial Court within a period of 4 weeks from today. In case, the petitioner surrenders within four weeks, then the Trial Court is directed to pass order on his surrender-cum-bail application on the same day without being prejudice that the anticipatory bail of the petitioner has been rejected by this Court and the Trial Court shall pass order on the merit of this case. (Dr. Anshuman, J.) Aman Kumar/- U T