Rajiv Kumar @ Birendra Kumar Vidharthi @ Prem Jyoti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2476 of 2023 Arising Out of PS. Case No.-332 Year-2020 Thana- DHANARUA District- Patna ====================================================== Rajiv Kumar @ Birendra Kumar Vidharthi @ Prem Jyoti S/O Naresh Yadav @ Naresh Prasad Resident of village- Makhdumpur, P.S.- Dhanarua, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kaushal Kishor, Advocate For the Opposite Party/s :

Mr. Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 19-05-2023 1.

Heard learned counsel for the petitioner and the learned APP for the State.

2.

Petitioner seeks regular bail in connection with Dhanarua P.S. Case No. 332 of 2020 dated 07.12.2020 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act.

3.

The main submissions advanced by learned counsel for petitioner are that the instant matter relates to the recovery of 917.28 litres of foreign liquor from a hut which is stated to be situated on the agricultural land of this petitioner but the said place of recovery is accessible to everyone as the same is an open place and admittedly at the time of recovery the petitioner was not apprehended at the spot of recovery and he had no knowledge about the alleged seized liquor and he was remanded in the present matter on 03.11.2022 from Dhanarua P.S. Case No. 27 of 2022 and

Patna High Court CR. MISC. No.2476 of 2023(6) dt.19-05-2023 2/2 since then he has been languishing in jail and in the present matter investigation has been completed against him. Further submission is that though against the petitioner there are criminal antecedents of three cases but he has got bail in all the said cases. 4.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

5.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record and also the completion of investigation against the petitioner, I deem it fit and proper to admit the petitioner to the privilege of bail.

6.

Accordingly, let the petitioner named-above be enlarged on bail, after framing of charge, if the same has not been framed, in connection with Dhanarua P.S. Case No. 332 of 2020 on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned.

(Shailendra Singh, J) Shahnawaz/- U T