Dhananjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71960 of 2023 Arising Out of PS. Case No.-151 Year-2023 Thana- PAKRIDAYAL District- East Champaran ====================================================== DHANANJAY KUMAR SON OF RAKAT BHAGAT RESIDENT OF VILLAGE CHAILAHA, P.S. BANJARIYA, DISTRICT- EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-02-2024 1.

Heard learned counsel for the petitioner and learned APP.

2.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 272, 273 and 34 of the Indian Penal Code and Section 30(a) of the Bihar Excise Act.

3.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 44.28 litres of liquor from a Bolero vehicle. 4.

Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and he came to be implicated in a mechanical manner on the ground that he is

Patna High Court CR. MISC. No.71960 of 2023(3) dt.19-02-2024 2/2 owner of the vehicle. It is next submitted that Rakesh had taken the vehicle in name of some work and was also apprehended from the spot as such petitioner was completely unaware that Rakesh would misuse the vehicle in the manner as alleged as no prudent person would use his own vehicle for committing an occurrence and thus would create evidence against him. 5.

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

6.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 500/- (Rupees Five Hundred) 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 Pakadidyal P.S. Case No. 151 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) SUMIT/- U T