Jitu Kewat@ Jitendra Kewat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5129 of 2023 Arising Out of PS. Case No.-86 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Lakhisarai ====================================================== JITU KEWAT@ JITENDRA KEWAT S/o Late Arjun Kewat R/o VillageGangta, P.S.- Lakhisarai, Distt- Lakhisarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 30(a), 30(C), 32(1) of the Bihar Prohibition and Excise Act. As per FIR, prosecution case relates to recovery of total 85 liters of illicit country made liquor from bank of Pokhari in village Gangta and the petitioner is said to have engaged in business of illicit liquor.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case on the basis of suspicion. The petitioner has no concern with the

Patna High Court CR. MISC. No.5129 of 2023(3) dt.21-06-2023 2/2 alleged recovery of illicit liquor or with the place of occurrence from where the liquor has been seized. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. It is further submitted that the petitioner is languishing in judicial custody since 5.11.2022.

Learned APP appearing for the State has vehemently opposed the prayer of Bail and submitted that the petitioner has got six criminal antecedents of similar nature. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of 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 Excise Case No. 86C2 of 2018 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-V-CumExclusive Special Court No.2, Excise Act, Lakhisarai. (Sunil Kumar Panwar, J) Amandeep/- U T