Rajiv Kumar @ Virendra Kumar Vidharthi @ Prem Jyoti v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7101 of 2023 Arising Out of PS. Case No.-89 Year-2020 Thana- DHANARUA District- Patna ====================================================== Rajiv Kumar @ Virendra Kumar Vidharthi @ Prem Jyoti S/O Naresh Yadav @ Naresh Prasad R/O Village- 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.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-05-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has prayed for bail in a case registered for the offence punishable under sections 30(a) of the Bihar Prohibition and Excise Act. Prosecution case relates to recovery of 974.475 litres of I.M.F.L. from the house of co-accused persons, namely, Kameshwar Prasad and Bikku Kumar.
Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and
Patna High Court CR. MISC. No.7101 of 2023(2) dt.01-05-2023 2/3 has committed no offence. He has no concern with the alleged recovery or with the place of occurrence. The name of the petitioner has been disclosed in this case on confessional statement of co-accused, namely, Bikku Kumar. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. Petitioner has been remanded in this case on 25.11.2022 from Dhanarua P.S. Case No. 27 of 2022 and since then he is languishing in judicial custody.
Learned APP appearing for the State has 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 enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise
Patna High Court CR. MISC. No.7101 of 2023(2) dt.01-05-2023 3/3 Act, Patna in connection with Dhanarua P.S. Case No. 89 of 2020.
(Sunil Kumar Panwar, J) Nirajkrs/- U T