Rakesh Viswakarma @ Rakesh Bishwakarma @ Rakesh Biswakrma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82746 of 2023 Arising Out of PS. Case No.-14 Year-2022 Thana- JALALGARH District- Purnia ====================================================== Rakesh Viswakarma @ Rakesh Bishwakarma @ Rakesh Biswakrma Son Of Dipak Viswakarma @ Dipak Bishwakarma Resident Of Village- Tani Itanagar Pampare, Jhugguari, Jorabari, P.S.- Mohpur, District- Sonipur (BISHWANATH), Asssam (BUT In F.I.R. State As Has Wrongly Given As Arunachal Pradesh) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rupa Kumari For the Opposite Party/s :

Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-12-2023 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 272, 273/34 of the Indian Penal Code and Sections 30(a), 41, 47 of the Bihar Prohibition and Excise Act. Prosecution case relates to recovery of 14,755.78 litres of IMFL from a Truck bearing Reg. No. PB-19M-6234. Driver and cleaner were apprehended on spot.

Patna High Court CR. MISC. No.82746 of 2023(2) dt.20-12-2023 2/3 Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has no concern with the alleged recovery or with the vehicle in question. The name of the petitioner has been disclosed in this case by the apprehended co-accused before the police, which has got no evidentiary value in the eye of law. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. Moreover, petitioner is languishing in judicial custody since 12.07.2023. Similarly situated several coaccused persons have been granted bail by co-ordinate Bench of this Court.

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

Patna High Court CR. MISC. No.82746 of 2023(2) dt.20-12-2023 3/3 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 Exclusive Special Judge (Excise 1), Purnia in connection with Jalalgarh P.S. Case No. 14 of 2022.

(Sunil Kumar Panwar, J) Lata/- U T