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Patna High CourtCR. MISC./46480/2023bail granted

Ganesh Singh v. The State Of Bihar

2023-07-28Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46480 of 2023 Arising Out of PS. Case No.-125 Year-2022 Thana- JAYNAGAR District- Madhubani ====================================================== GANESH SINGH Son of Vashudev Singh Resident of Village - Laskariya, Ward No.- 10, P.S.- Jaynagar, District - Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms.Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 28-07-2023

1. It is submitted by learned counsel for the petitioner that with regard to the complete details of the facts concerned to the paragraph no.2, a supplementary affidavit has been filed in the office.

2. In view of the above submissions, the office is directed to attach the said supplementary affidavit with the case record.

3. Heard learned counsel for the petitioner and the learned APP for the State.

4. Petitioner seeks regular bail in connection with Jaynagar P.S. Case No. 125 of 2022 dated 20.04.2022 registered for the offence(s) punishable under Section(s) 30(a) of the Bihar Prohibition and Excise Act.

5. The main submissions advanced by the learned

Patna High Court CR. MISC. No.46480 of 2023(2) dt.28-07-2023 2/2 counsel for the petitioner are that the instant matter relates to the recovery of 267 litres of Nepali Saufi wine and the said liquor was not recovered from the conscious possession of this petitioner rather as per the seizure memo, the same is stated to have been recovered from the shop and behind the orchard of the petitioner, which is not in the name of this petitioner and against him there is criminal antecedent of one case in which he has got bail and he himself surrendered before the Trial Court.

6. Learned APP appearing for the State has opposed the bail prayer.

7. Having regard to the facts and circumstances of the case and considering the above submissions, in my opinion, it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be enlarged on bail in connection with Jaynagar P.S. Case No. 125 of 2022 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned. (Shailendra Singh, J) Sanjay/- U T