Ganesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62685 of 2025 Arising Out of PS. Case No.-135 Year-2025 Thana- THALI District- Nawada ====================================================== Ganesh Kumar S/O Mahesh Chaudhari @ Mahesh Chaudhary R/O Vill.- Baksoti, P.S.- Thali, Dist.- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shankar Kumar, Advocate For the Opposite Party/s :

Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 24-09-2025 Heard learned counsel for the parties.

2. The petitioner in this application prays for grant of anticipatory bail apprehending his arrest in connection with Thali P.S. Case no. 135 of 2025 registered for the offence punishable under sections 30(a), 30(d) and 41 of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, on a raid being conducted 40 litres of country liquor and various utensils for manufacture of liquor etc. were recovered and two persons managed to escape who were identified by the local Choukidar as Vikash Kumar and Dilip Ram. Some vehicles were also recovered.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. Neither

Patna High Court CR. MISC. No.62685 of 2025(2) dt.24-09-2025 2/2 the petitioner was arrested at the spot nor any incriminating article recovered from his possession. The cause of his false implication is that he happens to be the registered owner of one of the vehicle in question. He has no criminal antecedent and undertakes to cooperate in the investigation/trial.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegation in the F.I.R., no incriminating article having been recovered from the petitioner's possession and specially the petitioner not having any criminal antecedent, it is directed that the petitioner above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Thali P.S.Case no. 135 of 2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court no.1, Nawada.

(Partha Sarthy, J) Bibhash U T