Ganesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.74977 of 2018 Arising Out of PS. Case No.-32 Year-2018 Thana- GOVINDPUR District- Nawada ====================================================== Ganesh Kumar, son of Swarup Rajbanshi @ Ramsvarup Ram, r/o villageHarnarayanpur, P.S.-Govindpur, District- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Smt. Veena Rani Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 13-12-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Govindpur P.S. Case No.32 of 2018 instituted for the offence under Section(s) 30(a) of Bihar Prohibition and Excise Act, 2016.

Counsel for the petitioner submits that there is no recovery from conscious possession of the petitioner. From the seizure list, it appears that recovery has been made from Kolwa forest.

In the written report, it is alleged that 350 Kg. Mahua was found at the place of occurrence, which was destroyed. Further, 100 litres coutnry made liquor was recovered along with one Adhar Card belonging to the petitioner. Counsel for the petitioner submits that petitioner has

Patna High Court Cr.Misc. No.74977 of 2018(2) dt.13-12-2018 2/2 been made accused only on the basis of Adhar Card. Petitioner is in custody since 31.10.2018 having clean antecedents.

In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge II cum Special Judge, Nawada, in connection with Govindpur P.S. Case No.32 of 2018, subject to the condition that both the bailors shall be close relative of the petitioner. (Sanjay Priya, J) J. Alam/- U T