Ganga Kumar @ Ganga Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83049 of 2025 Arising Out of PS. Case No.-262 Year-2025 Thana- PARSA District- Saran ====================================================== Ganga Kumar @ Ganga Sahni, Son of Subodh Kumar, R/O VillageBaliganwan, P.S.- Parsa, District- Saran (Chapra) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Brij Kishor Mishra, Adv.
For the Opposite Party/s :
Mr. Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 10-12-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection with Parsa P.S. Case No. 262 of 2025 dated 29.08.2025, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
3. The allegation is of recovery of 180 litres country made liquor from Scooty bearing Reg. No. BR04AW4377.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is submitted that nothing has been recovered either from the conscious possession or from the house of the petitioner. It is submitted that the seized liquor was recovered from Scooty which does not belong to the petitioner. It is further submitted
Patna High Court CR. MISC. No.83049 of 2025(2) dt.10-12-2025 2/3 that one person, namely, Vishal Kumar was arrested on the spot, who disclosed the name of the petitioner and on that basis, the petitioner has been made accused in this case. Lastly, it has been submitted that the petitioner has one criminal case against him.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Parsa P.S. Case No. 262 of 2025, he shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-cum-Presiding Officer, Exclusive Special Excise Court-03, Saran at Chapra, subject to condition as laid down under Section 482(2) of B.N.S.S. as also to the following conditions:-
1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
2. One of the bailors will be his own blood relation, preferably father, mother, brother, sister
Patna High Court CR. MISC. No.83049 of 2025(2) dt.10-12-2025 3/3 and or his wife.
3. The bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse.
4. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
5. The petitioner shall appear before the Police Station of his local area in the first week of each month till framing of the charge.
(Khatim Reza, J) prabhat/- U T