Ketul Kewat @ Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15312 of 2024 Arising Out of PS. Case No.-11 Year-2024 Thana- MEHANDIGANJ District- Patna ====================================================== 1.

Ketul Kewat @ Deepak Kumar Son of Late Surendra Kewat @ Sulendra Kewat R/o Pratappur, P.S.- Mehndiganj, Dist.- Patna 2.

Rahul Kewat Son of Late Surendra Kewat @ Sulendra Kewat R/o Pratappur, P.S.- Mehndiganj, Dist.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nityanand Kumar For the Opposite Party/s :

Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 11-03-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in connection with Mehndiganj P.S. Case No. 11 of 2024, dated 15.01.2024 for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, total 20 litres of country made liquor has been recovered from the orchard Jalla.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The petitioners have got no criminal antecedent as stated in para 3 of the bail petition. The name of

Patna High Court CR. MISC. No.15312 of 2024(2) dt.11-03-2024 2/3 the petitioners was disclosed by local people. Learned counsel further submitted that the recovery is made from open place. No incriminating article has been recovered from the conscious possession of the petitioners, hence no case is made out against the petitioners. Learned counsel has relied on the judgment of Full Bench of Hon'ble Patna High Court in the case of Ram Vinay Yadav vs. State of Bihar reported in 2019 (2) PLJR 1089. The Full Bench in the case of Ram Vinay Yadav (supra) has held that an application for anticipatory bail in a case arising out of Bihar Excise and Prohibition Act can be maintained, despite the bar under Section 76(2) of the Act, if on the basis of allegation made in the FIR, no offence under the said provision is made out.

5. Learned APP for the State has vehemently opposed the prayer for anticipatory bail of the petitioners by submitting that the bar of Section 76(2) of the Act applies in this case.

6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation against the petitioners, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty Thousand) each with two sureties of

Patna High Court CR. MISC. No.15312 of 2024(2) dt.11-03-2024 3/3 the like amount each to the satisfaction of the learned court concerned, Patna City, Patna in connection with Mehndiganj P.S. Case No. 11 of 2024, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

7. The application stands allowed.

(Chandra Prakash Singh, J) Ranjeet/- U T