Suresh Kewat And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 37452 of 2018 Arising Out of PS. Case No.-75 Year-2018 Thana- Deepnagar District- Nalanda ======================================================

1. Suresh Kewat, S/o Late Yugal Kewat,

2. Jitendra Kewat, S/o Late Budhu Kewat,

3. Satish Kewat, S/o Late Muneshwar Kewat,

4. Pradeep Kewat, S/o Jagdish Kewat,

5. Sunaina Devi, W/o Ragho Kewat, All are Resident of Village- Badri Bigha, P.S.- Deepnagar, District- Nalanda.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Binit Kumar For the Opposite Party/s :

Mr. Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

03-07-2018 At the very outset, Sri Binit Kumar, learned counsel for petitioners requests for allowing him to withdraw the present anticipatory bail petition in respect of petitioner no. 3 and 5. The prayer is allowed.

The prayer for anticipatory bail in respect of petitioner no. 3 namely Satish Kewat and petitioner no. 5 namely Sunaina Devi stands dismissed as withdrawn.

Heard learned counsel for the petitioners and learned Addl. Public Prosecutor.

Petitioner no. 1, 2 & 4, apprehending their arrest in Deepnagar P.S. Case No. 75 of 2018 registered for offence under Sections 272, 273, 290 of the Indian Penal Code and

Patna High Court Cr.Misc. No.37452 of 2018(2) dt.03-07-2018 2/3 Section 30(a) of Bihar Prohibition and Excise Act, 2016, have prayed for grant of anticipatory bail.

Learned counsel for the petitioners submits that in this case, nothing was recovered either from possession of aforesaid petitioners or from their premises or field, rather in this case, recovery of country-made liquor was shown from the bed of river and also from an open field, not belonging to either of the aforesaid three petitioners.

Learned Addl. Public Prosecutor, though has opposed the prayer, has not disputed the fact that nothing was recovered from the premises or possession of aforesaid three petitioners. Accordingly, in view of facts and circumstances as well as the fact that petitioner no. 1, 2 & 4 are having clean antecedent, which fact has been stated in paragraph - 3 of the petition, in the event of their arrest or surrender within a period of six weeks from today, let aforesaid three petitioners i.e. petitioner no. 1, 2 & 4 namely Suresh Kewat, Jitendra Kewat and Pradeep Kewat be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned 6th Additional District and Sessions Judge cum Special Judge, Excise, Nalanda, District Nalanda in connection with Deepnagar P.S. Case No. 75

Patna High Court Cr.Misc. No.37452 of 2018(2) dt.03-07-2018 3/3 of 2018, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

(Rakesh Kumar, J.) anay U T