Patna High CourtCR. MISC./31124/2022bail granted

Ganesh Singh v. The State Of Bihar

2022-09-16Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31124 of 2022 Arising Out of PS. Case No.-249 Year-2022 Thana- SITAMARHI District- Sitamarhi ====================================================== GANESH SINGH S/o Ram Chandra Singh Resident of Village- Bariyarpur Tole Lapti Ward No.15, P.S.- Sitamarhi, District- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Virendra Kumar For the Opposite Party/s :

Mr.Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-09-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Sitamarhi P.S. Case no. 249 of 2022 instituted for the offence under Section 30(a) of the Bihar Prohibition of Excise Act.

Prosecution case relates to recovery of 2.7 Litres Nepali liquor from motorcycle and co-accused Ram Pravesh Singh was arrested.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. He has got no criminal antecedent. Petitioner has no concern with the

Patna High Court CR. MISC. No.31124 of 2022(2) dt.16-09-2022 2/2 alleged recovery. The name of the petitioner has been disclosed in this case by apprehended co-accused Ram Pravesh Singh before the police which has no evidentiary value in the eye of law.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and taking into consideration the recovery of meagre quantity, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Sitamarhi P.S. Case no. 249 of 2022, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Exclusive Special Excise Court-II, Sitamarhi subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/aman U