Ganesh Yadav @ Ganesh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45285 of 2024 Arising Out of PS. Case No.-145 Year-2023 Thana- YADOPUR District- Gopalganj ====================================================== Ganesh Yadav @ Ganesh S/O -Sudama Yadav R/O- Chhitouni Ps - Bankata District-Deoriaq (Uttar Pradesh) ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Deepankar Raj For the Opposite Party/s :
Mr. Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 05-07-2024 Heard the parties.
2.The petitioner is named in the F.I.R. and apprehending his arrest in connection with Yadopur P.S. Case No. 145 of 2023 registered for the offences punishable under Sections Section 30(a) of the Bihar Prohibition and Excise Act, 2022.
3. The allegation against petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 108 litres of country made liquor.
4. It is submitted by learned counsel for the petitioner that the petitioner is implicated in the present
Patna High Court CR. MISC. No.45285 of 2024(3) dt.05-07-2024 2/3 case because he is the owner of the motorcycle registered with Govt. of U.P. bearing registration no. UP52-AB-3436 found involved in carrying illicit liquor. It is pointed that the aforesaid motorcycle of the petitioner was stolen in the year 2016 itself in Deoria district for which an information petition under Section 39 of Cr.P.C was lodged with S.H.O., Bankatta police station, DistrictDeoria which is annxeure-2 of the present bail petition. While concluding arguments, it is submitted that above named petitioner is a man of clean antecedents.
5. Learned APP, opposes the prayer of bail.
6. In view of aforesaid factual submission as implication prima-facie appears only being the registered owner of the motorcycle bearing registration no. UP-52AB-3436 which was stolen, long back in the year 2016, accordingly, the above named petitioner, in the event of his arrest or surrender before the court below within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten
Patna High Court CR. MISC. No.45285 of 2024(3) dt.05-07-2024 3/3 Thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. District and Sessions Judge-XIII-cum-Special Excise Court No.-I, Gopalganj/concerned Court, where the case is pending in connection with Yadopur P.S. Case No. 145 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Chandra Shekhar Jha, J) Sudha/- U T