Ganga Sagar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38800 of 2025 Arising Out of PS. Case No.-139 Year-2024 Thana- SIMRI District- Buxar ====================================================== Ganga Sagar Yadav Son Of Indradeo Yadav Village -Harpur Chandrabhan Civil Line Buxar P.S -Kolwali (Kotwali), District -Balia, U.P ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Ravi Shankar Pathak For the Opposite Party/s :

Mr.Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 27-06-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in a case instituted for the offence punishable under Section 30(a) of Bihar Prohibition & Excise Act.

3. Prosecution case relates to recovery of 14.830 litres Indian Made Foreign Liquor from a Motorcycle bearing Reg. No. UP-60M-5024. Petitioner is registered owner of the said motorcycle.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and

Patna High Court CR. MISC. No.38800 of 2025(2) dt.27-06-2025 2/3 has committed no offence. He has no concern with the alleged recovery. It is further submitted that petitioner had sold the aforesaid motorcycle to one Devendra Singh on 17.06.2019, regarding which a supplementary affidavit has been filed. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer of bail.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, 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 Simari (Tilak Rai Ka Hata) P.S. Case no. 139 of 2024, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/-

Patna High Court CR. MISC. No.38800 of 2025(2) dt.27-06-2025 3/3 (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Excise Court No. II, Buxar, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(S. B. Pd. Singh, J) Nirajkrs/- U T