Ganesh Vishwakarma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50737 of 2023 Arising Out of PS. Case No.-190 Year-2023 Thana- ARA NAWADA District- Bhojpur ====================================================== Ganesh Vishwakarma Son Of Suryanarayan Vishwakarma Resident Of Village - Anaith Near Thakurbari, P.S. - Ara Nawada, District - Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravindra Kumar For the Opposite Party/s :

Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 461, 379 of the Indian Penal Code and Section 37 of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. As per the prosecution case, some persons entered into the office by breaking window of the office and took away iron rod, gas cylinder and utensils used for cooking food, two tables of iron and broke the commode.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that

Patna High Court CR. MISC. No.50737 of 2023(2) dt.11-08-2023 2/2 the petitioner is not named in the FIR. The name of the petitioner has been transpired in the present case on the basis of confessional statement of the co-accused Mishobi Ram @ Sugiya Musahar. He further submits that nothing has been recovered form the conscious possession of the petitioner. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes prayer for anticipatory bail.

6. Considering the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Ara Nawada P.S. Case No. 190 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) anand/- U T