Munna Kewat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55056 of 2021 Arising Out of PS. Case No.-33 Year-2021 Thana- DANIYAWAN District- Patna ====================================================== MUNNA KEWAT S/o RAMDEO KEWAT R/o VILLAGE-DANARA, P.SDANIYANWAN, DISTRICT-PATNA. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nawal Kishore Prasad For the Opposite Party/s :

Mr.Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 07-06-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Special Case No. 1498/2021 arising out of Daniyanwan P.S. Case No. 33 of 2021 registered for the offences punishable under Sections 30(a), 37(b) of Bihar Prohibition and Excise (Amendment) Act, 2018.

As per prosecution case, there is allegation of recovery of 60 litres country made liquor from the motorcycle of the petitioner.

Learned counsel for the petitioner submits that petitioner is in jail custody since 24.05.2021. He further submits that charge sheet has been submitted in the case and there is no

Patna High Court CR. MISC. No.55056 of 2021(2) dt.07-06-2022 2/2 likelihood of tampering the evidence. Petitioner carries criminal antecedent of four cases of similar nature and he is on bail in all cases.

The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner. Considering the facts and circumstances of the case as well as period of custody, let the petitioner above named be released on bail, after framing of charge, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna in connection with Daniyanwan P.S. Case No. 33 of 2021, subject to following conditions:- (i) One of the surety shall be either father or mother or sister or brother or wife or the person who sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates would be a ground for cancellation of bail by the learned Trial court itself.

(Alok Kumar Pandey, J) shahzad/- U T