Mahesh Kewat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2801 of 2020 Arising Out of PS. Case No.-81 Year-2019 Thana- CHEWARA District- Sheikhpura ====================================================== 1.

MAHESH KEWAT, Son of Mahadev Kewat 2.

Saharu Kewat, Son of Ramjee Kewat Both Resident of Village - Beldariya, P.S. - Chewara, Distt. - Sheikhpura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Kalyan Shankar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 24-06-2020 The matter has been taken up through Video Conferencing.

Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 272, 273 of the Indian Penal Code and Section 30(a)(d) of the Bihar Prohibition and Excise Act, 2016.

Recovery of materials used for preparation of country made liquor is alleged from the river side and allegation is that the same was of the petitioners. Petitioners were not arrested at the spot. They have got no criminal antecedent. Considering the fact that there is no direct connection between the petitioners and the recovered items, let the petitioners,

Patna High Court CR. MISC. No.2801 of 2020(3) dt.24-06-2020 2/2 above named, in the event of their arrest or surrender before the learned Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bonds of Rs.20,000/- (rupees twenty thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Chewara Police Station Case No. 81 of 2019 (Excise Case No. 436 of 2019), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as subject to the following conditions:- (a) The petitioners shall fully cooperate with the investigation/trial of the case, failing which the learned court below shall be at liberty to cancel the bail bond of the petitioners.

(b) Both the bailors shall be resident of the territorial jurisdiction of the learned court below.

(Birendra Kumar, J) Kundan/- U T