Dhanjit Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48637 of 2025 Arising Out of PS. Case No.-204 Year-2019 Thana- LAUKAHI District- Madhubani ====================================================== 1.

Dhanjit Yadav S/o Jay Narayan Yadav R/o Village- Mahdeva, P.S.- Laukahi, District- Madhubani, Bihar 2.

Girdhar Yadav @ Girdhari Yadav S/o Ganeshi Yadav R/o Village- Mahdeva, P.S.- Laukahi, District- Madhubani, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Jha For the Opposite Party/s :

Mr. Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-08-2025

1. Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehends their arrest in a case registered for the offences punishable under Sections 272, 273, 34 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act (as amended).

3. The learned counsel for the petitioners at the outset seeks permission to withdraw the anticipatory bail application with respect to petitioner no.2, namely, Girdhar Yadav @ Girdhari Yadav, who surrendered during pendency of the anticipatory bail application.

4. Permission is accorded.

Patna High Court CR. MISC. No.48637 of 2025(2) dt.11-08-2025 2/3

5. Learned counsel for the petitioner submits that petitioner has antecedent of one case and allegation is of recovery of 225 litres of liquor from a Scorpio vehicle. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and he came to be implicated based on confessional statement of Shiv Kumar Yadav in police custody, which does not have any evidentiary value. It is also submitted that the seized vehicle does not belong to the petitioner.

6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

7. Considering the submissions made by the learned counsel for the petitioner, the petitioner no.1, namely, Dhanjit Yadav, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on provisional anticipatory bail on furnishing bail bonds of Rs.5000/- (Rupees five thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Laukahi P.S. Case No. 204 of 2019, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

8. It is made clear that the learned trial court thereafter

Patna High Court CR. MISC. No.48637 of 2025(2) dt.11-08-2025 3/3 shall verify the criminal antecedents of the petitioner and in the event if it is found that petitioner has antecedent of more than one case, in that event, it would be presumed that petitioner had concealed his antecedent before this court, as such, the provisional anticipatory bail order shall not be confirmed but if on verification it is found that petitioner has antecedent of one case, in that event the provisional anticipatory bail order shall be confirmed forthwith.

(Satyavrat Verma, J) amit/- U T