Arun Kewat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32515 of 2025 Arising Out of PS. Case No.-97 Year-2025 Thana- Excise P.S. District- Khagaria ====================================================== Arun Kewat S/o Dashrath Kewat Resident of Village- Dakshini Bahorwa, Ward No. 03, P.S.- Alauli, District- Khagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ram Sumiran Rai, Adv For the Opposite Party/s :
Mr.Madhuri Lata, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 20-05-2025 Heard learned counsel for the petitioner and the learned APP for the State.
2. The petitioner makes a prayer for grant of regular bail in connection with Khagaria P.S.Case No. 97 of 2025 registered for the offences punishable under Sections 30(a)of the Bihar Prohibition & Excise Act.
3. The FIR and seizure list would go to show that a total 5 liters of country made liquor was recovered from possession of the petitioner, who was allegedly run away with the plastic gallon filled with illicit liquor.
4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in this case and recovery
Patna High Court CR. MISC. No.32515 of 2025(2) dt.20-05-2025 2/3 has been shown from his possession. Learned counsel for the petitioner submits that mandatory provisions of search and seizure is violated as there is no independent witness to the seizure list. The petitioner is in custody since 02.04.2025.
5. The learned APP opposes the prayer for bail on the ground that the petitioner has three criminal antecedents of similar nature, however, it has been submitted that petitioner is on bail in all the cases.
6. Considering the aforesaid facts and circumstances of the case, let the above name petitioner shall be enlarged on bail on furnishing bail bonds of Rs 10,000/- (ten thousand)with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/ successor court in Khagaria Excise P.S. Case No. 97 of 2025, subject to the following conditions:- (i) One of the bailors shall be own/ close member of the family of the petitioner.
(ii) The trial court shall verify the criminal antecedent of the petitioner before releasing him on bail. (iii) The petitioner shall appear before the investigating officer of the concerned police station at the interval of every 15 days, till the submission of charge sheet and
Patna High Court CR. MISC. No.32515 of 2025(2) dt.20-05-2025 3/3 would further co-operate in the trial by getting the charges framed against him.
(Soni Shrivastava, J) N.K/- U T