Rajesh Kumar @ Halachal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76874 of 2023 Arising Out of PS. Case No.-124 Year-2023 Thana- AKHODHIGOLA District- Rohtas ====================================================== Rajesh Kumar @ Halachal Son Of Kundan Singh @ Kundan Yadav @ Vipin Bihari Singh R/O Vill - Semaradhi, P.S. - Akorhi Gola, Distt. - Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar Singh For the Opposite Party/s :

Mr.Kanhaiya Kishore(App100) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 414 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

3. Prosecution case relates to recovery of 40 liters of country made liquor from the possession of other co-accused person who disclosed the name of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The name of the petitioner came into light in this case on the basis of confessional statement of other co-accused person before the police which

Patna High Court CR. MISC. No.76874 of 2023(2) dt.04-12-2023 2/2 has got no evidentiary value in the eye of law. Nothing has been recovered from the conscious possession of the petitioner and also he has no concern with the seized article. Moreover, he is languishing in judicial custody since 23.08.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Gola P.S. Case No. 124 of 2023 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-1, Rohtas at Sasaram. (Sunil Kumar Panwar, J) Shubham/- U T