Dukhan Kewat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13476 of 2026 Arising Out of PS. Case No.-70 Year-2025 Thana- KARANDAY District- Sheikhpura ====================================================== Dukhan Kewat Son of Late Hulas Kewat Resident of Village - Siyani, P.S. - Karande, District - Sheikhpura.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pankaj Kumar, Advocate For the Opposite Party/s :
Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-04-2026
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 191(2), 191(3), 190, 109, 115(2), 126(2), 324(3), 263(b), 121(1) and 132 of the BNS, 2023 read with Section 45 of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and allegation is of recovery of 1 liter of liquor along with 10 liters semi prepared liquor from possession of Shanti Devi, it is next submitted that Shanti Devi was apprehended when 20-25 people gathered including the petitioner along with 12-13 unknown accused and created ruckus and even assaulted the police party and damaged the vehicle and forcefully freed Shanti and snatched the seized
Patna High Court CR. MISC. No.13476 of 2026(2) dt.15-04-2026 2/3 liquor.
4. Learned counsel for the petitioner submits that from perusal of the allegation as alleged in the FIR, it would manifest that petitioner in the instant case has been implicated with an allegation that petitioner along with others freed Shanti, but then it is reiterated and submitted that petitioner is a person with clean antecedent and being co-villager came at the place of occurrence out of inquisitiveness to witness the occurrence, when he came to be implicated with general and omnibus allegation.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Trial Court within a period of six weeks from today, be released on Provisional anticipatory bail on furnishing bail bonds of Rs. 500/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of the learned Trial Court where the case is pending/successor court in connection with Karande P.S. Case No. 70 of 2025 subject to the conditions as laid down under Section 482 (2) of the BNSS.
Patna High Court CR. MISC. No.13476 of 2026(2) dt.15-04-2026 3/3
7. It is made clear that thereafter the learned Trial Court shall verify the criminal antecedent of the petitioner and in the event if it is found that petitioner has antecedent of even one case then it would be presumed that petitioner, for the purposes of seeking anticipatory bail, had concealed his antecedent before this Court, as such, the provisional anticipatory bail order shall not be confirmed, but after verification if it is found that petitioner is a person with clean antecedent in that event the provisional anticipatory bail order shall be confirmed forthwith. (Satyavrat Verma, J) Rishabh/- U T