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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74322 of 2022 Arising Out of PS. Case No.-528 Year-2022 Thana- BARBIGHA District- Sheikhpura ====================================================== DHANANJAY KUMAR @ DHANANJAY @ GAMA YADAV S/O Binay Yadav @ Vinay Yadav R/O Village- Nursery Narayanpur, P.S- Barbigha, District- Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No2 For the Opposite Party/s :

Mr. H.A. Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 30(a), 32(2), 41(1) and 52 of the Bihar Prohibition and Excise Act. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He submits that there is no recovery from the conscious possession of the petitioner rather 927 liters of foreign liquor is said to have recovered from the different vehicles. He submits that allegation against the petitioner is that he along with other co-accused persons is involved in the business of the illicit liquor. He submits that there is no recovery made from the

Patna High Court CR. MISC. No.74322 of 2022(2) dt.18-03-2023 2/3 conscious possession of the petitioner. He further submits that petitioner has got three criminal antecedents in similar nature as stated in para-3 of the bail application.

Petitioner is agreed to deposit a sum of Rs. 20,000.00 (Rupees Fifty Thousand) in the account of Patna High Court Legal Services Committee, Patna, bearing Account No. 1413010060836, IFSC Code: PUNB0141320, Punjab National Bank, Bar Council Branch, Patna.

Considering the facts and circumstance of the case, let the above named petitioner, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Barbigha P.S. Case No. 528 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C., with further conditions:

(1) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

Patna High Court CR. MISC. No.74322 of 2022(2) dt.18-03-2023 3/3 The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of the aforesaid amount in the account of Patna High Court Legal Services Committee, Patna.

(Anjani Kumar Sharan, J) ajay/- U T