Dhananjay Kumar @ Dhananjay Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55490 of 2023 Arising Out of PS. Case No.-2 Year-2023 Thana- SHAHPUR PATORI District- Samastipur ====================================================== Dhananjay Kumar @ Dhananjay Mahto Son Of Ganeshi Mahto @ Ganesh Mahto Resident Of Village Baghra, Ps- Patori (MOHANPUR Op), DistSamastipur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Rama Kant Singh, Advocate For the Opposite Party/s :

Ms. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 25-08-2023

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of anticipatory bail apprehending his arrest in connection with Shahpur Patori (Mohanpur O.P) P.S. Case no. 2 of 2023, registered under section 30(a) of Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, the informant states that on secret information having been received about the petitioner being involved in sale of liquor, a raid was conducted and 7.02 litres of IMFL was recovered.

4. Learned counsel for the petitioner submits that from the contents of the F.I.R itself it would transpire that it is not even the case of the informant that the petitioner was

Patna High Court CR. MISC. No.55490 of 2023(2) dt.25-08-2023 2/2 anywhere near the place of occurrence or was even seen near the place of occurrence. Even the source of so called information of the petitioner being involved in the sale of liquor has not been disclosed by the informant. The petitioner has no criminal antecedent.

5. Heard learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegation against the petitioner in the F.I.R., the submissions by learned counsel for the petitioner together with the petitioner not having any criminal antecedent, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Shahpur Patori (Mohanpur O.P) P.S. Case no. 2 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise-02, Samastipur. (Partha Sarthy, J) Shiv/- U T