Ganesh Kumar @ Ganesh Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88574 of 2024 Arising Out of PS. Case No.-967 Year-2021 Thana- AGAMKUAN District- Patna ====================================================== Ganesh Kumar @ Ganesh Mahto S/O Late Bangali Mahto R/O- Jakariyapur, Chhoti Pahari, P.S- Agamkuan, Distt.- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nityanand Kumar , Advocate For the Opposite Party/s :
Mr. Umeshanand Pandit , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-02-2025 Heard learned counsel for the petitioner and the State .
2. Petitioner apprehends arrest in a case registered for the offence punishable under Section 30 (a), 36 and 41(1) of Bihar Prohibition and Excise Act.
3 . It is alleged that 20 liters of country made liquor was recovered from an open place .
4. It is submitted that the petitioner is innocent and has falsely been implicated in this case on the basis of confessional statement of co-accused Chhohariya Devi who was apprehended on the spot. No incriminating material has been recovered from the conscious possession of the petitioner and he is no way connected with the aforesaid recovery. Petitioner claims clean antecedent.
Patna High Court CR. MISC. No.88574 of 2024(3) dt.05-02-2025 2/2 5 . Learned counsel for the State opposes the bail petition .
6. Considering the facts of the case, in the event of arrest/surrender within eight weeks from today, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Spl. Judge Excise Patna City Distt. Patna in connection with Agamkuan Police Station Case No. 967 of 2021 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure . (Prabhat Kumar Singh, J) Koushik/- U T