Dhananjay Kumar Yadav @ Ananjay Kumar Yadav @ Dhananjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65401 of 2019 Arising Out of PS. Case No.-133 Year-2019 Thana- HULASGANJ District- Jehanabad ====================================================== DHANANJAY KUMAR YADAV @ ANANJAY KUMAR YADAV @ DHANANJAY KUMAR S/o Late Shailendra Prasad Yadav @ Shailendra Prasad R/o village- Chhatru Bigha, P.S.- Hulasganj, District- Jehanabad ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gajendra Kumar Singh For the Opposite Party/s :

Mr.Amarendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-11-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that there is no recovery from the conscious possession of the petitioner rather it is recovered in front of the petitioner's house (Basbari). Learned counsel further submits that earlier the petitioner has criminal antecedent of similar nature as stated in para-3 of the bail petition. Petitioner is languishing in judicial custody since 04.09.2019.

In the facts and circumstances of the case, let the

Patna High Court CR. MISC. No.65401 of 2019(2) dt.05-11-2019 2/2 petitioner, above named, be released 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 the learned Additional District Judge-II, Jehanabad in connection with Excise Case No. 991 of 2019 arising out of Hulasganj Police Station Case No. 133 of 2019, subject to the conditions:

(I) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(II) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by Court and his absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the court below. (III) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Anjani Kumar Sharan, J) devendra/- U T