Ganesh Bhushan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16357 of 2018 Arising Out of PS.Case No. -189 Year- 2017 Thana -BHAGWANPUR District- - ======================================================

1. Ganesh Bhushan Singh, Son of Ranjeet Singh, Resident of VillagePidhauli, P.S.- Teghra, District- Begusarai. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pritish Kumar Lal For the Opposite Party/s : Mr. Ashok Kumar Singh-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 21-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Bhagwanpur P.S. Case No.189 of 2017 registered under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

213 liters of foreign liquor is said to have been recovered from the asbestos built house said to be of the petitioner.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He was not apprehended on the spot. The place of recovery is not hailing to the petitioner rather the land over which asbestos construction is

Patna High Court Cr.Misc. No.16357 of 2018 (02) dt.21-03-2018 2/ 2 standing has been given on lease by his father to one Mamta Kumari for running the gas godown and the said asbestos house has been constructed by the said Mamta Kumari. He has been falsely implicated in this case. He has neither any concern with the seized liquor nor the place of occurrence. He has no criminal antecedent. He has been languishing in custody since 24.01.2018. In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II-cum-Special Judge Excise-cum-POSCO Court, Begusarai in connection with Bhagwanpur P.S. Case No. 189 of 2017.

(Prakash Chandra Jaiswal, J) Trivedi/- U T