Chandan Kewat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40574 of 2022 Arising Out of PS. Case No.-50 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Lakhisarai ====================================================== Chandan Kewat Son Of Binod Kewat Resident Of Village - Jogmaila, P.S.- And Distt.- 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 :

Mr. Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Excise Case No. 50 C2/2022 instituted for the offence under Sections 30(a), 32, 41 and 56(a) of Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of total 25 liters country made liquor from a hut which belongs to co-accused Ram Chandra Kewat.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. It is further submitted that he has got

Patna High Court CR. MISC. No.40574 of 2022(3) dt.09-12-2022 2/3 no criminal antecedent and has been falsely implicated in the present case. He has no concern either with the alleged recovery of liquor or with the place of occurrence. It is further submitted that the name of the petitioner has been disclosed in this case by the apprehended co-accused namely, Prahlad Kewat, which has no evidentiary value in the eye of law. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession.

Learned APP appearing for the State has opposed the prayer of Bail.

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. 50 C2/2022, 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 & Sessions Judge-V cum Exclusive Special Excise Court No. 02, Lakhisarai subject to the conditions as laid down under

Patna High Court CR. MISC. No.40574 of 2022(3) dt.09-12-2022 3/3 section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) aman/shubham U T