Rahul Kewat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9249 of 2020 Arising Out of PS. Case No.-634 Year-2019 Thana- ISLAMPUR District- Nalanda ====================================================== 1.

RAHUL KEWAT, 2.

Baudha Kewat, Both Sons of Girani Kewat, Resident of Village - Shariyabad, P.S.- Islampur, Distt - Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amresh Kumar Sinha For the Opposite Party/s :

Mr.Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-02-2020 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioners submits that there is recovery of 12 liters of country made wine from the house of the petitioners and there is no recovery from the conscious possession of the petitioners. On perusal of the FIR, it is clear that the petitioners were not present in the house at the time search and seizure. The petitioners have no criminal antecedent. However, petitioners are agreed to deposit Rs.5,000/-

Patna High Court CR. MISC. No.9249 of 2020(2) dt.29-02-2020 2/2 in the Juvenile Justice Fund of the State Social Welfare Department.

In the aforesaid facts and circumstances of the case, I am inclined to grant anticipatory bail to the above named petitioners, in the event of their arrest or surrender before the Court below within a period of six weeks 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 3rd Additional Sessions Judge-cum-Special Judge (Excise), Nalanda at Biharsharif, in connection with Islampur P.S. Case No. 634 of 2019, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. (Anjani Kumar Sharan, J) amitkumar/- U T