Ganesh Kumar Mishra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60510 of 2023 Arising Out of PS. Case No.-547 Year-2023 Thana- GOVERNMENT OFFICIAL COMP. District- Buxar ====================================================== Ganesh Kumar Mishra Son Of Virendra Kumar Mishra R/O Vill - Tilak Nagar Colony, Mahua Bagh, P.S. - Mohammadabad, Distt. - Ghazipur, Uttar Pradesh ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Setu Prateek, Advocate For the Opposite Party/s :
Mr. Akshay Lal Pandit. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 11-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Utpad (Excise) P.S. Case No. 547 of 2023 instituted under Section 30 (a) of Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 750 ml of illegal foreign liquor was recovered from the car of the petitioner.
4. Learned counsel for the petitioner submits that petitioner is the owner of car which was driven by the driver who kept the said liquor for his personal use and the petitioner was not aware of the said fact and is not involved in the said crime. Petitioner has no criminal antecedent.
5. Learned A.P.P. for the State opposes the prayer for
Patna High Court CR. MISC. No.60510 of 2023(2) dt.11-10-2023 2/2 anticipatory bail.
6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount to each to the satisfaction of the learned Excise Special Court No. 2, Buxar in connection with Utpad (Excise) P.S. Case No. 547 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973. (Sunil Dutta Mishra, J) ashutosh/- U T