Patna High CourtCR. MISC./57943/2024bail granted

Ganesh Yadav @ Ganesh Kumar v. The State Of Bihar

2024-08-21Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57943 of 2024 Arising Out of PS. Case No.-208 Year-2024 Thana- SINGHESHWAR District- Madhepura ====================================================== Ganesh Yadav @ Ganesh Kumar S/O Shatrughan Yadav R/O Village- Sirsiya, Ward No.3, P.S- Singheshwar, District- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Surya Narayan Yadav, Adv.

For the Opposite Party/s :

Mr.Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Singheshwar P.S. Case No. 208 of 2024 instituted for the offences under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act, 2016.

3. As per prosecution case, the police has recovered total 2638.8 liters illegal foreign liquor from the Hyva Truck bearing Registration No. JH-09Y-6054.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. The petitioner is neither owner nor driver of the Truck, in question. He has also no concern with the seized liquor. He

Patna High Court CR. MISC. No.57943 of 2024(2) dt.21-08-2024 2/3 further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. There is a noncompliance of Section 100 of the Cr.P.C. which creates a serious doubt in the prosecution case. The petitioner has two criminal antecedents and is languishing in judicial custody since 22.06.2024 without any rhymes or reason.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Singheshwar P.S. Case No. 208 of 2024, subject to the following conditions; (i) One of the bailor(s) shall be the own/close family members of the petitioner.

(ii) The petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates

Patna High Court CR. MISC. No.57943 of 2024(2) dt.21-08-2024 3/3 without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(Rudra Prakash Mishra, J) rishi/- U T