Vijendra @ Vijyendra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72294 of 2023 Arising Out of PS. Case No.-205 Year-2016 Thana- ROSERA District- Samastipur ====================================================== Vijendra @ Vijyendra Son Of Ishwar @ Ishwar Singh Village- Rudhki, DistRohtak, Haryana-124401 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Piyush Kumar Pandey For the Opposite Party/s :

Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 47(a), 54 and 57 of the Bihar Prohibition and Excise Act.

3. As per prosecution case, there has been recovery of 981 liters of illegal IMFL from a Pick-up Van.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that the petitioner has no concern either with the seized vehicle or with the wine in question. He submitted that the name of the petitioner has only been inserted on the ground that a deposit receipt of Rs. 25,000/- in the name of the petitioner had been found near the

Patna High Court CR. MISC. No.72294 of 2023(2) dt.09-11-2023 2/2 place of occurrence. No incriminating article has been recovered from the conscious possession of the petitioner. He submitted that the other co-accused, who arrested on spot has already been granted bail by a Co-ordinate Bench vide order dated 15.12.2016 passed in Cr. Misc. No. 49164 of 2016. Petitioner has remanded in this case on 14.06.2023 and since then he is languishing in judicial custody.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, 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 Excise Court 1, Samastipur in connection with Rosera P.S. Case No. 205 of 2016. (Sunil Kumar Panwar, J) Arish/- U T