Ganesh Kunwar @ Ganesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77277 of 2019 Arising Out of PS. Case No.-248 Year-2019 Thana- KHARIK District- Bhagalpur ====================================================== GANESH KUNWAR @ GANESH KUMAR S/o Narsingh Kunwar R/o village- Telghi (Theljhi), P.S.- Kharik, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Shanker Pankaj For the Opposite Party/s :

Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-12-2019 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Kharik PS case no. 248 of 2019 instituted for the offences punishable under Sections 30(A), 38(i) of Bihar Prohibition & Excise (Amendment) Act, 2018.

Informant who is a police officer has stated in his written complaint that on 01.10.2019 at about 8 pm, he received a secret information that from a Tata 407 vehicle, illicit liquor was being unloaded and was being kept in the Vasa of Rajniti Singh, son of Sita Ram Singh and on getting the said information, he along with other police personnel proceeded towards the said place and on seeing the police, the person who had assembled there, fled away and the said vehicle along with

Patna High Court CR. MISC. No.77277 of 2019(3) dt.16-12-2019 2/3 illicit liquor was seized but no satisfactory explanation was provided by the owner of the Vasa. The name of the petitioner is stated to have transpired in the present case on account of secret information received by the police to the effect that he is a part of the gang engaged in illicit business of liquor. The learned counsel for the petitioner has submitted that neither any illicit liquor has been recovered from the petitioner nor the petitioner has been arrested from the place, from where the alleged recovery of illicit liquor was made. It is further submitted that the vehicle in question also does not belong to the petitioner. It is further submitted that similarly situated co-accused persons have already been granted bail by co-ordinate Bench of this Court vide order dated 09.12.2019 passed in Cr. Misc. no. 80611 of 2019 and vide order dated 11.12.2019 passed in Cr. Misc. no. 81804 of 2019. Lastly, it is submitted that the petitioner is having a clean antecedent and he is languishing in custody since 07.10.2019.

Having regard to the facts and circumstances of the case, the abovenamed petitioner is directed to be released on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.77277 of 2019(3) dt.16-12-2019 3/3 satisfaction of learned Special Judge, Excise, Bhagalpur in connection with Kharik PS case no. 248 of 2019. (Mohit Kumar Shah, J) rinkee/- U T