Ganesh Kumar @ Ganesh Sao v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65690 of 2025 Arising Out of PS. Case No.-299 Year-2025 Thana- KHAJEKALA District- Patna ====================================================== Ganesh Kumar @ Ganesh Sao S/o Umesh Sao Resident of Hamam Par, Jhoparpatti, P.S.- Khajekala, District- Patna ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar Pradhan For the Opposite Party/s :

Mr.Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 24-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner is apprehending his arrest in connection with Khajekalan P.S. Case No. 299 of 2025 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per prosecution case, 30 litre country made liquor was recovered from the house of the petitioner and nearby people disclosed the name of petitioner who fled away from the spot.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged in the FIR and he has falsely been implicated in this case. Petitioner bears no criminal antecedent. He further submits that

Patna High Court CR. MISC. No.65690 of 2025(2) dt.24-09-2025 2/3 name of nearby people has not been disclosed in the FIR which questions the authenticity of the prosecution story. Except disclosure of nearby people, there is nothing on record to connect the present petitioner with the alleged occurrence. No incriminating article has been recovered from conscious possession of the petitioner. Learned counsel orally submits that place of recovery is joint family property and hence, petitioner cannot be held responsible for the alleged recovery. Petitioner was not found at the place of occurrence. Petitioner has no concern with the seized liquor. Section 103 of BNSS has not been complied. In the light of aforesaid facts and circumstances of the case, no case is made out against the petitioner under the provision of Bihar Prohibition and Excise Act.

5. The learned A.P.P. for the State vehemently opposes the prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the case, keeping in view clean antecedent of the petitioner, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.65690 of 2025(2) dt.24-09-2025 3/3 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Court of Excise, Patna City in connection with Khajekalan P.S. Case No. 299 of 2025, subject to the conditions as laid down under Section 482(2) of B.N.S.S.

7. The application stands allowed.

(Alok Kumar Pandey, J) shahzad/- U T