Ganesh Yadav @ Ganesh Prasad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21198 of 2023 Arising Out of PS. Case No.-507 Year-2022 Thana- MADHUBANI TOWN DistrictMadhubani ====================================================== GANESH YADAV @ GANESH PRASAD YADAV SON OF JANARDHAN YADAV @ JANADNAI YADAV RESIDENT OF VILLAGE- MOIMPUR, LAXMIPUR, PS- PANDAUL DISTT- MADHUBANI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Prakash, Advocate For the Opposite Party/s :

Ms. Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that one Kanhaiya Kumar was arrested along with 14.575 liters of liquor and a motorcycle.

Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession, it is next submitted that petitioner, being the owner of the motorcycle, came to be

Patna High Court CR. MISC. No.21198 of 2023(2) dt.15-05-2023 2/2 implicated. It is further submitted that no prudent person would use his own vehicle for committing a crime and thus would get implicated easily, it is next submitted that petitioner had given his motorcycle to Kanhaiya and thus was not aware that the same would be misused in the manner as alleged in the F.I.R., when admittedly petitioner is a person with clean antecedent. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

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 trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Madhubani Town P.S. Case No. 507 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishabh/- U T