Jalim Kewat @ Janma Kewat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26295 of 2021 Arising Out of PS. Case No.-146 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Lakhisarai ====================================================== JALIM KEWAT @ JANMA KEWAT S/O BUGAN KEWAT R/O VILLAGE JOGMELA, WARD NO.18, P.S LAKHISARAI DISTRICT LAKHISARAI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dharmendra Kumar Raju For the Opposite Party/s :

Mrs. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-01-2022 This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.

Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking to remove the defects as pointed out by the office when called upon to do so by the office. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Excise Case No. 146C2 of 2020 instituted for the offence under Sections 30(a), 32, 56(a) of Bihar Prohibition and Excise (Amendment) Act, 2018.

As per allegation in the FIR, on secret information

Patna High Court CR. MISC. No.26295 of 2021(2) dt.27-01-2022 2/3 police team had moved for raiding and 20 litres of illegal mahua liquor kept in a plastic jar with 800 kg. fermented Jawa mahua were found from the halting place of the petitioner from bank of the pond.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Petitioner has been falsely implicated in this case due to dirty village politics. The alleged recovery has been made from an open area and not from the conscious possession of the petitioner.

Learned APP appearing for the State has opposed the prayer of Bail and submitted that there is criminal antecedent of one case against the petitioner.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Excise Case No. 146C2 of 2020, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-II-

Patna High Court CR. MISC. No.26295 of 2021(2) dt.27-01-2022 3/3 cum-Special Judge (Excise), Lakhisarai subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) sushma/- U