Dheeraj Vishwakarma @ Dhiraj Vishkarma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37765 of 2023 Arising Out of PS. Case No.-241 Year-2023 Thana- PHULWARISHARIF District- Patna ====================================================== DHEERAJ VISHWAKARMA @ DHIRAJ VISHKARMA Son of Chandramol Vishwakarma Resident of village - Gola Road, Jhakari Mahadeo, P.S. - Danapur, Distt. - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar Agrawal For the Opposite Party/s :

Mr.Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 28-06-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner has preferred this application for grant of regular bail in connection with Phulwarisharif (Janipur) P.S. Case No. 241 of 2023 vide Special Case No. 1658 of 2023 dated 14.2.2023 registered for the offence punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

As per the prosecution case, 80 litres of liquor is alleged to have recovered from the e-rickshaw. The petitioner was the driver of the said vehicle.

Patna High Court CR. MISC. No.37765 of 2023(2) dt.28-06-2023 2/2 Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is not the owner of the vehicle. The petitioner is accused in one more criminal case in which he is on bail as stated in para 3 of the bail petition. The petitioner is in custody since 15.2.2023.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Patna in connection with Phulwarisharif (Janipur) P.S. Case No. 241 of 2023 vide Special Case No. 1658 of 2023. The application stands allowed.

(Chandra Prakash Singh, J) Ajay Singh/- U T