Dhanesh Kumar @ Dhanesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27415 of 2021 Arising Out of PS. Case No.-505 Year-2019 Thana- BARH District- Patna ====================================================== Dhanesh Kumar @ Dhanesh Yadav, Son of Vijay Yadav, Resident of VillagePurai Bagh, P.S.- Barh, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-02-2022 This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.

Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking to remove the defects as pointed out by the office when called upon to do so by the office. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Barh P.S. Case no. 505 of 2019 (Special Case No. 9345/2019) instituted for the offence under Section 30(a) of the Indian Penal Code.

Allegation against the petitioner is that he runs a shop and he is also involved in trade of illicit liquor. Apprehended

Patna High Court CR. MISC. No.27415 of 2021(2) dt.02-02-2022 2/3 accused persons have disclosed the name of the petitioner, who managed to escape from the spot.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. The name of the petitioner has been disclosed by the apprehended accused person, namely, Vijay Kumar which has no evidentiary value in the eye of law. Petitioner has no concern with the alleged recovery or with the shop in question. Neither the petitioner was arrested on the spot nor any incriminating article has been recovered from his possession. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Barh P.S. Case no. 505 of 2019 (Special Case No. 9345/2019), he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna subject to the conditions as laid down

Patna High Court CR. MISC. No.27415 of 2021(2) dt.02-02-2022 3/3 under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U T