Jitu Kewat @ Jitendra Kewat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7174 of 2023 Arising Out of PS. Case No.-183 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Lakhisarai ====================================================== Jitu Kewat @ Jitendra Kewat Son Of Late Arjun Kewat R/O 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 For the Opposite Party/s :

Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-04-2023 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), 32, 41, 56(a) of the Bihar Prohibition and Excise Act. Prosecution case relates to recovery of total 20 liters country made illicit liquor from pond situated near north in the village of Gangta.

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. Petitioner has no concern with the alleged recovery of illicit liquor and the place of recovery is an open place which does not

Patna High Court CR. MISC. No.7174 of 2023(2) dt.11-04-2023 2/2 belong to this petitioner. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. Moreover, similarly situated co-accused namely, Congress Kewat has already been granted bail learned court below itself on 23.8.2022 in B.P. No. 1538 of 2022. Moreover the petitioner is languishing in judicial custody since 12.1.2023.

Learned APP appearing for the State has vehemently 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 released on bail in connection with Excise Case No. 183 C2 of 2019 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-Vcum-Exclusive Special Court No.2, Excise Act, Lakhisarai. (Sunil Kumar Panwar, J) Amandeep/- U T