Dhananjay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30704 of 2019 Arising Out of PS. Case No.-229 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Siwan ====================================================== Dhananjay Yadav Son of Late Subhas Yadav Resident of Village - Mishrauli (Habibnagar), P.S.- Hussainganj, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Tiwary For the Opposite Party/s :

Mr.Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-07-2019 This is an application for grant of anticipatory bail in connection with CIII-229 of 2018 disclosing offences under Section 30(A) of the Bihar Prohibition and Excise Act, 2016. Allegation as per the F.I.R. is that the excise officials recovered 37 cartoon foreign liquor from the bank of the river and it is alleged that the petitioner was fleeing away from the place of occurrence along with other accused persons. Submission of the learned counsel for the petitioner is that the prosecution case itself disclosed that nothing has been recovered from his possession and he has no criminal antecedent and the other co-accused person having similar allegation has been granted anticipatory bail vide order dated 25.04.2019 passed in Criminal Miscellaneous No. 27108 of

Patna High Court CR. MISC. No.30704 of 2019(4) dt.19-07-2019 2/2 2019.

Heard learned A.P.P. who opposed the prayer for bail on the ground that the petitioner is named in the F.I.R.,but admitted that, nothing is recovered from the house of the petitioner.

Having heard both sides, considering the above submission, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of learned Additional Sessions Judge 2nd cum Special Judge (Excise) Siwan, in connection with CIII 229 of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) Rahul/- U T