Ganesh Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41250 of 2019 Arising Out of PS. Case No.-77 Year-2019 Thana- BARSOI District- Katihar ====================================================== GANESH KUMAR SAH, aged about 44 years, Male, Son of Sitaram Sah @ Babua Sah, Resident of Village - Saribari, Machhua Toli, P.S.- Barsoi, Distt - Katihar ... Petitioner

Versus

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

For the Petitioner :

Mr. Sanjeev Kumar Singh, Adv.

For the Opposite Party :

Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 04-07-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

The petitioner seeks pre-arrest bail in connection with Barsoi P.S. Case No. 77 of 2019 for the offence alleged under Section 30() of the Bihar Prohibition and Excise Act, 2016. The accusation is that in course of the patrolling duty one person, who was carrying bag, started fleeing away throwing the bag. On search of bag, 500 pouches, each containing 180 ml Indian made foreign liquor, recovered and on query it was detected that the person who succeeded in fleeing away was Ganesh Kumar Sah (petitioner).

The submission of the learned counsel for the petitioner is that neither the petitioner was apprehended on the spot nor anything has been recovered from his possession rather it has come that the informant said that the person, who fled

Patna High Court CR. MISC. No.41250 of 2019(2) dt.04-07-2019 2/2 away, was the petitioner and the petitioner has no criminal antecedent.

Learned Additional Public Prosecutor for the State opposes the prayer for pre-arrest bail.

Having regard to the facts and circumstances of the case, let the petitioner, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Barsoi P.S. Case No. 77 of 2019 shall be released on pre-arrest bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Additional District Judge II-cum-Special Judge, Katihar, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code.

(Rajendra Kumar Mishra, J) Shamshad/- U T