Ganesh Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42939 of 2022 Arising Out of PS. Case No.-91 Year-2022 Thana- SAHARGHAT District- Madhubani ====================================================== Ganesh Kumar Yadav Son of Ram Prabhu Yadav, Resident of Village - Saulighat, P.S.- Benipatti, District - Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shiva Shankar Sharma, Advocate For the Opposite Party/s :

Mr. Binod Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 30-08-2022 Let the defects, as pointed out by the Office, be removed within a period of two weeks from today. Heard learned counsel for the petitioner and learned APP for the state.

Petitioner seeks regular bail in connection with Saharghat P.S. Case No. 91 of 2022 lodged under Sections 272 and 273/34 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act.

As per the prosecution, total 486 litres of Nepali desi wine were alleged to be recovered, some near motorcycle and some at the place of disclosed by the arrested persons. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further submits that petitioner is owner of the motorcycle and someone has thrown some material near his motorcycle and police has

Patna High Court CR. MISC. No.42939 of 2022(2) dt.30-08-2022 2/3 arrested him on suspicion. Learned counsel for the petitioner further submits that charge sheet has already been filed in this case and petitioner is in custody since 17.05.2022 having clean antecedent.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of the case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge-II-cum-Special Judge, Excise Act, Madhubani in connection with Saharghat P.S. Case No. 91 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions: A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall resulted into cancellation of his bail bond.

B. One of the bailor shall be close relative who shall file affidavit before the court about his relation with the petitioner.

Patna High Court CR. MISC. No.42939 of 2022(2) dt.30-08-2022 3/3 C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ravishankar/- U T