Kanhaiya Keshari @ Kanhaiya Kumar Keshari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15276 of 2024 Arising Out of PS. Case No.-8 Year-2024 Thana- Excise P.S. District- East Champaran ====================================================== 1.

Kanhaiya Keshari @ Kanhaiya Kumar Keshari 2.

Shakti Kumar Both Sons of Mahesh Prasad Keshari @ Mahesh Sah Resident of VillageChorma Ward No. 12, P.S.- Pakaridyal, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar, Advocate For the Opposite Party/s :

Mr.Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-03-2024

1. Heard learned counsel for the petitioners as well as learned APP for the State.

2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 30(a), 45 of the Bihar Prohibition and Excise Act.

3. The learned counsel for the petitioners submit that the petitioner no.1 has antecedent of one case and petitioner no.2 has antecedent of two cases and allegation is of recovery of 9 liters of liquor from a betel shop, namely, Jagdamba Betel Shop.

4. It is next submitted that petitioners were not arrested from the spot as such nothing was recovered from the conscious possession. It is further submitted that the petitioners

Patna High Court CR. MISC. No.15276 of 2024(2) dt.12-03-2024 2/2 came to be implicated on the ground that the shop belongs to them when the shop does not belong to the petitioners.

5. The learned APP for the State opposes the anticipatory bail application.

6. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.10,000 /- (Rupees Ten Thousand ) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No.2, Motihari, East Champaran in connection with Excise Madhuban P.S. Case No.8 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T