Patna High CourtCR. MISC./3098/2023bail granted

Jitu Kewat @ Jitendra Kewat v. The State Of Bihar

2023-04-26Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3098 of 2023 Arising Out of PS. Case No.-26 Year-2012 Thana- GOVERNMENT OFFICIAL COMP. District- Lakhisarai ====================================================== JITU KEWAT @ JITENDRA KEWAT Son of Late Arjun Kewat Resident of Village- Gangta, P.S.- Lakhisarai, District- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar, Advocate For the Opposite Party/s :

Mrs. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 26-04-2023

1. Heard learned counsel for the petitioner and learned APP for the State.

2. Petitioner seeks regular bail in connection with Excise Case No. 26C2 of 2012, registered for the offences punishable under Section 47(a)(f) of Bihar Prohibition and Excise Act.

3. The main submissions advanced by petitioner's counsel are that as per prosecution the alleged wine was recovered near a pond and the said place is an open place which is accessible to everyone and the petitioner was not arrested at the spot and he was made accused in this case mainly on the basis of suspicion as well as his criminal antecedents and against the petitioner there are criminal antecedents of five cases out of them he has been acquitted in two cases and he has got

Patna High Court CR. MISC. No.3098 of 2023(2) dt.26-04-2023 2/2 bail in two cases and in the present matter he has been languishing in jail since 03.09.2022.

4. Learned APP appearing for the State has opposed the prayer for bail.

5. Considering the above submissions and mainly the facts that the petitioner was not arrested at the spot and the alleged place of recovery of wine is stated to be an open place accessible to everyone and against the petitioner investigation has been completed, in my opinion it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Excise Case No. 26C2 of 2012.

(Shailendra Singh, J.) maynaz/- U T