Rajiv Kumar @ Birendra Kumar Vidharthi @ Prem Jyoti v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2180 of 2023 Arising Out of PS. Case No.-217 Year-2021 Thana- DHANARUA District- Patna ====================================================== Rajiv Kumar @ Birendra Kumar Vidharthi @ Prem Jyoti Son Of Naresh Yadav @ Naresh Prasad R/O Vill.- Makhdumpur, P.S.- Dhanarua, Distt.- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kaushal Kishor For the Opposite Party/s :
Mr.Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-03-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has prayed for regular bail in a case registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act.
Prosecution case relates to recovery of total 414.495 liters foreign liquor from open field.
Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case. Petitioner has no concern with the alleged recovery of illicit liquor. No any incriminating article has been recovered from his conscious or constructive possession rather he has been
Patna High Court CR. MISC. No.2180 of 2023(2) dt.28-03-2023 2/2 remanded in this case from another case Dhanaura P.S. Case No. 27 of 2022. It is further submitted that the petitioner is languishing in judicial custody since 2.11.2022. Learned APP appearing for the State has vehemently opposed the prayer of Bail.
Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Special Case No. 4434 of 2021 arising out of Dhanaura P.S. Case No. 217 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise Act, Patna. (Sunil Kumar Panwar, J) Amandeep/- U T