Patna High CourtCR. MISC./55870/2021bail granted

Ganesh Kumar @ Ganesh Prasad v. The State Of Bihar

2021-12-07Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55870 of 2021 Arising Out of PS. Case No.-265 Year-2021 Thana- MALSALAMI District- Patna ====================================================== Ganesh Kumar @ Ganesh Prasad Son of Suresh Prasad Resident of Mohalla - Simli Bhatthi, Nawabganj, P.S.- Malsalami, District - Patna. Permanent Address - Village - Pachrukhiya, P.S.- Baikatpur and District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No2,Adv.

For the Opposite Party/s :

Mr.Manoj Kumar-1,A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

07-12-2021 Heard learned counsel for the parties.

The petitioner seeks bail in Special Case No. 4213 of 2021, arising out of Malsalami P.S. Case No. 265 of 2021, registered for the offence under Section 30(a) of Bihar Prohibition and Excise Act.

360 liters of illicit country-made liquor has been recovered near Musahari canal and this petitioner is alleged to have fled away from there.

It is submitted on behalf of petitioner that nothing has been recovered from the conscious possession of the petitioner. The recovery has been made from a public place. Petitioner has got clean antecedent and he is in custody since 28.07.2021. Investigation is complete.

Patna High Court CR. MISC. No.55870 of 2021(2) dt.07-12-2021 2/2 Learned A.P.P. for the State has opposed the bail petition.

Considering the nature of allegation and period of custody, the bail petition of petitioner is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Patna in connection with Special Case No. 4213 of 2021, arising out of Malsalami P.S. Case No. 265 of 2021.

(Prabhat Kumar Singh, J) anay/- U T