Ganesh Yadav @ Ganesh Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26879 of 2022 Arising Out of PS. Case No.-167 Year-2022 Thana- SIWAN CITY District- Siwan ====================================================== GANESH YADAV @ GANESH CHAUDHARY S/o Banan Yadav R/o village- Ram Nagar, P.S.- Siwan Town, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Pandey, Advocate For the Opposite Party/s :

Mr.Anand Mohan Prasad Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-08-2022 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 allegation is of recovery of 43.500 liter of liquor from a plastic sack from the field of Shivnath Yadav.

Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession, it is next submitted that even the recovery was made from a place which does not belong to the petitioner and he came to be implicated

Patna High Court CR. MISC. No.26879 of 2022(2) dt.11-08-2022 2/2 based on the statement of local people but the F.I.R. does not disclose the name of the people who took the name of the petitioner which amply demonstrates that petitioner has been falsely implicated in the present case in order to save the real culprits.

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 Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 2,000/- (Rupees Two Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Siwan Town P.S. Case No. 167 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T