Ganesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61786 of 2018 Arising Out of PS. Case No.-32 Year-2018 Thana- GOVINDPUR District- Nawada ====================================================== Ganesh Kumar, Son of Swarup Rajbanshi @ Ramsvarup Ram, Resident of Village- Harnarayanpur, P.S.- Govindpur, District- Nawada. ... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Deepak Kumar, Adv.

For the Opposite Party/s :

Mr. Ashok Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 06-10-2018 Heard Sri Deepak Kumar, learned counsel for the petitioner and Sri Ashok Kumar, learned Addl. Public Prosecutor.

The sole petitioner, apprehending his arrest in Govindpur P.S. Case No. 32 of 2018 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, has prayed for grant of bail, in the event of his arrest or surrender. Learned counsel for the petitioner submits that the petitioner is having clean antecedent. He has further argued that the petitioner, in the present case, was arrayed as accused, as if, near the place of occurrence, his Aadhar Card was found, however during investigation, the investigating officer has recorded in the case diary that his Aadhar Card was not available on record. On the aforesaid ground, a prayer has been

Patna High Court Cr.Misc. No.61786 of 2018(2) dt.06-10-2018 2/2 made for grant of anticipatory bail.

Learned Addl. Public Prosecutor has opposed the prayer for grant of anticipatory bail.

On perusal of the F.I.R., it is evident that on secret information that accused persons were illegally preparing liquor in Kolwa forest, the police team arrived there, however all the accused persons fled away and near the place of occurrence, Aadhar Card of this petitioner was noticed and thereafter, the petitioner was arrayed as accused in the present case. In such situation, I am of the opinion that it is not a case for grant of anticipatory bail.

The anticipatory bail petition stands dismissed. (Rakesh Kumar, J.) nawalkrs/- U T