Dhoni Kumar @ Moni Yadav @ Dhoni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6460 of 2023 Arising Out of PS. Case No.-188 Year-2021 Thana- AKBARPUR District- Nawada ====================================================== DHONI KUMAR @ MONI YADAV @ DHONI Son of Chando Yadav @ Ram Chandra Yadav Resident of Village- Meghatari, P.S.- Debour, DistrictKodarma (Jharkhand) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bipin Kumar, Adv.
For the Opposite Party/s :
Mr.Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-04-2023 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner apprehends his arrest in connection with a case registered for the offence punishable u/s 420, 467, 468, 471 of the IPC and 30(a) of the Bihar Prohibition and Excise Act, 2016. Altogether 1990.35 litres of foreign liquor is said to have been recovered from one truck and truck driver was apprehended on the spot, who disclosed the name of petitioner. Learned counsel for the petitioner submits that petitioner is quite innocent and has not committed any offence as alleged in the FIR. Petitioner has been falsely implicated in this case at the instance of his enemies. His name transpired in this case on the confessional statement of the apprehended co-accused.
Patna High Court CR. MISC. No.6460 of 2023(2) dt.11-04-2023 2/3 Petitioner has neither been apprehended on the spot nor any incriminating article has been recovered from his conscious physical possession. He has no concern either with the seized liquor or any trade of liquor. Petitioner is not the owner of the said Truck. Several similarly situated co-accused have been granted anticipatory bail by this Court vide Cr. Misc. No.60354 of 2021 and Cr. Misc. No.59516 of 2021, dated 11.03.2022. Petitioner has three criminal antecedent of similar nature of offence, as also mentioned in para-3 of the bail application. Petitioner is agreed to deposit a sum of Rs.1,00,000.00/- (Rupees One Lac) in the Bihar State Bar Council Welfare Fund, bearing Account No.31861041899, IFSC SBIN0010340, State Bank of India, High Court Campus, Patna.
Considering the aforesaid facts and circumstances, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds 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 Akbarpur P.S. Case No.188 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C,
Patna High Court CR. MISC. No.6460 of 2023(2) dt.11-04-2023 3/3 as also the following conditions.
(1) That one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner. He will also undertake to inform the Court if there is any change in the address of the petitioner.
(2) The bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature and thereafter the Court below will be at liberty to initiate proceeding for cancellation of anticipatory bail on the ground of misuse.
The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of the aforesaid amount in the Bihar State Bar Council Welfare Fund.
(Anjani Kumar Sharan, J) pallavi/- U T