← Library
Patna High CourtCR. MISC./23720/2020allowed

Teto Kewat @ Teko Kewat v. The State Of Bihar

2020-09-17Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23720 of 2020 Arising Out of PS. Case No.-44 Year-2014 Thana- HALSI District- Lakhisarai ====================================================== TETO KEWAT @ TEKO KEWAT S/o Mahavir Kewat Resident of VillageNima, P.S.- Halsi, Distt.- Lakhisarai. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manoj Kumar For the Opposite Party/s :

Md. Mustaq Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-09-2020 This case has been heard through video-conferencing. Heard learned counsel for the petitioner and learned APP for the State.

Since the physical court proceeding is non-functional, due to present pandemic, COVID-19, the matter is listed with defects.

Learned counsel for the petitioner undertakes to remove the defects, as pointed out by the office, within three weeks of resumption of physical court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench. The petitioner seeks bail in a case registered for the offence punishable under Section 290 of the Indian Penal Code and Section 41 (a) (f) & 47 A of the Bihar Prohibition and

Patna High Court CR. MISC. No.23720 of 2020(2) dt.17-09-2020 2/3 Excise Act, 2016.

Acting on a tip-off, when the police party raided and made search of the house of the petitioner, 290 liters of country made liquor and the various articles for brewing the liquor are said to have been recovered.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has no concern either with the seized liquor or any trade of liquor. He has been falsely implicated in this case at the instance of village Chaukidar due to enmity. Petitioner was not apprehended at the spot rather he suo motu surrendered before the learned Court below. There is violation of Section 100 (4) Cr.P.C. He has been languishing in custody since 19.02.2020. Petitioner is agreed to deposit a sum of Rs.15,000.00 (Rupees Fifteen Thousand) in the Chief Minister's Relief Fund, Bihar, bearing Account No.2065104000002257, IFSC IBKL0002065, IDBI Bank, Kidwaipuri Branch, Patna.. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-II-cum-Special Judge

Patna High Court CR. MISC. No.23720 of 2020(2) dt.17-09-2020 3/3 (Excise), Lakhisarai in connection with Halsi P.S. Case No.44 of 2014.

The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs.15,000.00 (Rupees Fifteen Thousand) in the Chief Minister's Relief Fund, Bihar.

(Anjani Kumar Sharan, J) Trivedi/- U T