Ganesh Kumar @ Mogal Kumar @Mogal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26121 of 2025 Arising Out of PS. Case No.-883 Year-2024 Thana- Excise P.S. District- Nawada ====================================================== Ganesh Kumar @ Mogal Kumar @Mogal Son of Mangaru Chaudhary village- Shiv Nagar, P.S.- Nawada Town, District- Nawada, State- Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arjun Prasad, Advocate For the Opposite Party/s :
Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 05-05-2025 Heard Mr. Arjun Prasad, learned counsel for the petitioner and Mr. Sunil Kumar Pandey, learned APP for the State.
2. The petitioner is apprehending his arrest in connection with Excise P.S. Nawada (Excise P.S.) Case No.883 of 2024 for the offence under sections 30(a) of the Bihar Prohibition and Excise Act, 2016, lodged on 16.12.2024 by the informant, Sanjay Kumar.
3. As per the prosecution story, the informant alleged that on secret information, that Mangaru Chaudhary is selling wine, he along with other police personnel reached the place. One Santosh Kumar was arrested and recovery of 2.805 litres foreign liquor from his house. He confessed the crime and also informed that his younger brother, namely, Ganesh Kumar @
Patna High Court CR. MISC. No.26121 of 2025(2) dt.05-05-2025 2/3 Mogal Kumar (the petitioner) is part of the said crime . Accordingly, the FIR.
4. Learned counsel for the petitioner submits that he is a young boy, has no role to play in the matter, recovery/seizure is from Santosh Kumar, only because he has criminal antecedent (from the record of the supplementary affidavit) he has been implicated.
5. Learned APP opposes the prayer submitting that his own bother has named him.
6. Taking into account the submissions of the parties as also that the person arrested is Santosh Kumar, recovery/seizure is from his house, this petitioner is young, nothing has been recovered from his conscious possession, in that background, this Court is inclined to extend him the privilege of anticipatory bail with conditions.
7. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Exclusive Special Excise Court-2, Nawada in connection with Excise P.S. Nawada (Excise P.S.) Case No. 883 of 2024, subject to the conditions as laid down
Patna High Court CR. MISC. No.26121 of 2025(2) dt.05-05-2025 3/3 under Section 438(2) of the Cr.P.C.
(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) anand/- U T