Bhuna Kewat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14582 of 2020 Arising Out of PS. Case No.-165 Year-2014 Thana- LAKHISARAI District- Lakhisarai ====================================================== BHUNA KEWAT S/o Ram Chandra Kevat 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.Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 02-07-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioner and Mrs. Indu Kumari Shrivastava, the learned APP appearing for the State.

The petitioner apprehends his arrest in connection with Lakhisarai P.S. Case No. 165 of 2014 for the offence punishable under Sections 272/ 273/ 290 of the Indian Penal Code and section Section 47(A) of Excise Act. The allegation is regarding recovery of 40 liters of Mahua liquor from the side of a pond situated in front of the house of the petitioner.

The learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.14582 of 2020(2) dt.02-07-2020 2/3 that the petitioner is innocent, has been falsely implicated in the present case and is having a clean antecedent. It is further submitted that since the illicit Mahua liquor has not been recovered either from the conscious possession of the petitioner or from his house, the provisions of the Bihar Prohibition and Excise Act, 2016 (hereinafter to be referred to as the Act, 2016), are not attracted, thus the bar under section 76(2) of the Act, 2016 shall not be applicable in the present case, hence, there is no impediment in grant of anticipatory bail to the petitioner. The learned A.P.P. appearing for the State has vehemently opposed the prayer for anticipatory bail.

Patna High Court CR. MISC. No.14582 of 2020(2) dt.02-07-2020 3/3 bail.

Accordingly, in the event of arrest or surrender in the court below within a period of four weeks from today, the petitioner, above named, is directed to be released on anticipatory bail on furnishing bail- bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge II-cum- Special Judge (Excise), Lakhisarai, in connection with Lakhisarai P.S. Case No. 165 of 2014, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure. (Mohit Kumar Shah, J) Tiwary/- U T