Patna High CourtCR. MISC./80817/2019allowed

Dhiraj Kumar v. The State Of Bihar

2019-12-10Mr. Justice Aditya Kumar Trivedi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80817 of 2019 Arising Out of PS. Case No.-40 Year-2019 Thana- TEGHRHA District- Begusarai ====================================================== DHIRAJ KUMAR Son of Vijay Rai Resident of Village-Bariyarpur, P.STeghra, District-Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Sumiran Rai, Adv.

For the Opposite Party/s :

Mr.Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 10-12-2019 Heard learned counsel for the petitioner as well as learned APP.

How the petitioner is being implicated in case after case by the police, this happens to be a glaring example as submitted by the learned counsel for the petitioner. To justify the same, it has been submitted at the end of the petitioner that in paragraph-3 of the petition, petitioner has detailed the criminal antecedents having been made an accused in four cases of Teghara PS, even then, so far present allegation is concerned, it has been submitted that police official came to know about names of the accused from the person who were engaged in agricultural work near about the mustard field wherefrom 72 bottles of wine was recovered and for that, altogether 4 persons have been named i.e., Niraj Kumar, Dhiraj Kumar, Chandan

Patna High Court CR. MISC. No.80817 of 2019(2) dt.10-12-2019 2/2 Kumar @ Bhulla and Mritunjay Kumar.

Had there been presence of petitioner, then in that circumstance, informant would have claimed proper identification of the petitioner in the background of criminal antecedents instead of getting his identification through labourers. Apart from this, petitioner is under custody since 16.10.2019.

Learned APP opposed the prayer for bail but fairly concedes on that very score.

Accordingly, petitioner, Dhiraj Kumar is directed to be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Additional Sessions Judge, 2nd-cum-Special Judge, Excise Amendment Act, Begusarai in connection with Teghra PS Case No. 40/2019.

(Aditya Kumar Trivedi, J) perwez U T