Patna High CourtCR. MISC./75988/2024bail granted

Ganesh Kumar v. The State Of Bihar

2024-10-25Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75988 of 2024 Arising Out of PS. Case No.-571 Year-2024 Thana- MANER District- Patna ====================================================== Ganesh Kumar, aged about 22 years old (Male), Son of Late Rajesh Rai, R/O Vill -Chhitnawan, P.S- Maner, Dist- Patna.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Surya Narayan Kumar, Advocate For the Opposite Party :

Mrs. Asha Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-10-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Special Excise Case No. 2936 of 2024, arising out of Maner P.S. Case No. 571 of 2024 dated 25.08.2024 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per the prosecution case, total 1008 litres of illicit foreign liquor was recovered from the boat, motorcycle and scooty.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The alleged recovered liquor, boat, motorcycle and

Patna High Court CR. MISC. No.75988 of 2024(2) dt.25-10-2024 2/2 scooty does not belong to the petitioner. No incriminating article has been recovered from his possession. There is no compliance of Section 103(4) of B.N.S.S. The other co-accused Shashi Kumar Singh, has already been granted bail by a Bench of this Court vide Cr. Misc. No. 72740 of 2024 under order dated 07.10.2024. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail petition. He is in custody in this case since 26.08.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-cum-Special Judge, Excise, Danapur/concerned court in connection with Maner P.S. Case No. 571 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T