Ganesh Kumar @ Ganesh Kumar Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65136 of 2025 Arising Out of PS. Case No.-150 Year-2025 Thana- JOGSAR District- Bhagalpur ====================================================== Ganesh Kumar @ Ganesh Kumar Bhagat S/O Ranjeet Prasad Bhagat R/O Mohalla- Maskand, Kechua, P.S.- Mahgama, Dist.- Godda (Jharkhand) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ankit Raj For the Opposite Party/s :

Mr. Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-12-2025

1. 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 offence punishable under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2023.

3. Learned counsel for the petitioner submits that petitioner has antecedent of one case and allegation is of recovery of 13.425 litres of liquor from the house of Sarika Devi which was given on rent to the petitioner. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and he came to be implicated based on the fact that Sarika disclosed that the petitioner had taken the house on rent. It is next submitted that petitioner never rented the premises but then is known to Sarika

Patna High Court CR. MISC. No.65136 of 2025(3) dt.03-12-2025 2/3 Devi as such he came to be implicated. It is also submitted that investigation in the case against the petitioner is still continuing.

4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

5. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on provisional anticipatory bail on furnishing bail bonds of Rs.5000/- (Rupees five thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Jogsar P.S. Case No.150/2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.S.

6. It is made clear that the learned trial court thereafter shall verify the criminal antecedents of the petitioner and in the event if it is found that petitioner has antecedent of more than one case, in that event, it would be presumed that petitioner had concealed his antecedent before this court, as such, the provisional anticipatory bail order shall not be confirmed but if on verification it is found that petitioner has antecedent of one case, in that event the provisional anticipatory bail order shall be

Patna High Court CR. MISC. No.65136 of 2025(3) dt.03-12-2025 3/3 confirmed forthwith.

(Satyavrat Verma, J) amit/- U T