Patna High CourtCR. MISC./54352/2023bail granted

Ganesh Kumar Shah v. The State Of Bihar

2023-08-25Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54352 of 2023 Arising Out of PS. Case No.-210 Year-2023 Thana- EKMA District- Saran ====================================================== 1.

GANESH KUMAR SHAH SON OF PRASURAM SHAH RESIDENT OF VILLAGE- TAJPUR FULWARIYA, PS- MANJHI, DIST- SARAN 2.

MITHILESH KUMAR SHAH SON OF BACCHA SAH RESIDENT OF VILLAGE- TAJPUR FULWARIYA, PS- MANJHI, DIST- SARAN ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Avnish Kumar Singh For the Opposite Party/s :

Mr.Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 25-08-2023 Heard the learned counsel for the petitioners and learned APP for the State.

2. Let the defect(s), if any, be removed within a period of four weeks from today.

3. The petitioners seeks bail in connection with Ekma P.S. Case No. 210 of 2023 registered for the offence under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act.

4. As per the prosecution case, 155.2 liters of Whisky was recovered from a motorcycle.

5. Learned counsel for the petitioners submits that the petitioners have falsely been implicated in this case by the police at instance of Mukhiya due to election politics.

Patna High Court CR. MISC. No.54352 of 2023(2) dt.25-08-2023 2/2

6. Learned counsel for the petitioner also submits that the petitioners are in custody since 07.06.2023.

7. Learned A.P.P. has vehemently opposed the prayer for bail.

8. Considering the aforesaid facts and the period of custody, this application for regular bail is allowed.

9. Let the petitioners, above named, 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 the learned Additional District and Sessions Judge-II-cum-1st Exclusive Special Judge, Excise, Saran at Chapra in connection with Ekma P.S. Case No. 210 of 2023.

10. The petitioners will visit Manjhi Police Station on the first Sunday of each month. Any default in appearance at the Police Station would result in cancellation of bail bond of the petitioner.

(Sandeep Kumar, J) Vikas/- U T