Ganesh Singh @ Ganesh Kumar Singh @ Bogan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40778 of 2021 Arising Out of PS. Case No.-379 Year-2020 Thana- BIBHUTIPUR District- Samastipur ====================================================== GANESH SINGH @ GANESH KUMAR SINGH @ BOGAN S/O PURSUSHOTTAM SINGH RESIDENT OF VILLAGE-SAKHMOHAN, P.SVIBHUTIPUR, DISTRICT-SAMASTIPUR. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mukesh Kumar No1, Advocate For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-01-2022 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Bibhutipur P.S. Case No. 379 of 2020 for the offence registered under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act. The allegation is regarding recovery of 2816.640 litres of illicit liquor from three vehicles.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and he is languishing in custody since 20.03.2021. The learned counsel for the petitioner has further submitted by referring to paragraph nos. 9 and 10 of the present petition that the petitioner is neither the owner nor the driver of the vehicles in question and he has been falsely implicated in the present case on account of disclosure made by the village Chaukidar who has

Patna High Court CR. MISC. No.40778 of 2021(2) dt.03-01-2022 2/2 inimical terms with the petitioner. It is next submitted that no illicit liquor has been recovered from the conscious possession of the petitioner.

Per contra, the learned counsel for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the fact that the petitioner is neither the owner of the vehicles in question nor any illicit liquor has been recovered from the conscious possession of the petitioner, I deem it fit and proper to direct for release of the petitioner herein on regular bail.

Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Session Judge cum Special Judge Excise, Samastipur in connection with Vibhutipur P.S. Case No. 379 of 2020.

(Mohit Kumar Shah, J) S.Sb/- U T