Patna High CourtCR. MISC./61612/2023bail granted

Ganga Sao v. The State Of Bihar

2023-10-16Mr. Justice Purnendu Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61612 of 2023 Arising Out of PS. Case No.-554 Year-2023 Thana- GAYA MUFASIL District- Gaya ====================================================== Ganga Sao Son Of Late Bhawani Sao Resident Of Village - Gere Dhankutti, PS- Muffasil, Dist- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prithivi Raj Singh, Advocate For the Opposite Party/s :

Mr.Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 16-10-2023 Heard Mr. Prithivi Raj Singh, learned counsel appearing on behalf of the petitioner and Mr. Arun Kumar, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Muffasil P.S.Case No.554 of 2023, registered for the offences punishable under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2018.

3. Prosecution story is that total 30.25 ltrs. of foreign wine was recovered from the house of the petitioner.

4. The learned counsel appearing on behalf of the petitioner submits that the petitioner has no concern with the alleged occurrence and the name of the petitioner has transpired only due to village politics. Petitioner has clean antecedent.

5. Learned APP for the State vehemently opposed the

Patna High Court CR. MISC. No.61612 of 2023(2) dt.16-10-2023 2/2 prayer for grant of pre-arrest bail.

6. Having considered the rival submissions of the parties and the allegation made in the FIR of recovery of 30.25 ltrs. of foreign wine, the petitioner is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge cum Exclusive Special Excise Court No.1, Gaya in connection with Muffasil P.S.Case No.554 of 2023, subject to conditions as laid down under Section 438(2) of the Cr.P.C. The court below is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in paragraph No.3 of the bail application, this order will automatically loose its force.

(Purnendu Singh, J) chn/- U