Sonu Kewat @ Sannu Kumar @ Sonu Kumar @ Sannu Kewat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54934 of 2023 Arising Out of PS. Case No.-337 Year-2023 Thana- SHEKHPURA District- Sheikhpura ====================================================== Sonu Kewat @ Sannu Kumar @ Sonu Kumar @ Sannu Kewat Son of Kamla Kewat @ Kamal Kewat, R/o-Pachnahatti, P.S.-Sheikhpura, Distt.-Sheikhpura. ... ... Petitioner/s

Versus

The State of Bihar. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sheo Nandan Prasad, Adv.

For the Opposite Party/s :

Mr. Md. Anbzarul Haque Sahara, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 23-08-2023 Heard learned Counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner is apprehending his arrest in connection with Sheikhpura P.S. Case No.337 of 2023 dated 05.06.2023, lodged under Section 30(a), 32, 41 of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. As per prosecution case, the F.I.R. has been lodged against the petitioner and recovery of total 46 liter country made wine in addition to the article about preparation of country made wine has been made from the back of the house of the petitioner.

4. Learned counsel for the petitioner submits that petitioner has not been apprehended from the place of occurrence but his name has figured by virtue of secret information provided to the Police. He further submits that antecedent of petitioner is clean.

Patna High Court CR. MISC. No.54934 of 2023(2) dt.23-08-2023 2/2

5. Learned A.P.P. for the State opposes the prayer for bail.

6. From the records, it transpires that there is one criminal antecedent of petitioner i.e. Sheikhpura Excise Case No. 237 of 2020 lodged under Section 30(a) of the Bihar Prohibition and Excise Act.

7. In the present facts and circumstances and the submissions made above, this Court is not inclined to extend the privilege of anticipatory bail to the petitioner in connection with Sheikhpura P.S. Case No.337 of 2023 to the satisfaction of learned Exclusive Special Excise Judge, Sheikhpura.

8. Accordingly, the prayer for anticipatory bail of the petitioner stands rejected.

9. However, the learned Court below shall consider the prayer for regular bail of the petitioner, if the petitioner surrenders within a period of six weeks.

10. The present order shall not cause any prejudice to the petitioner.

(Dr. Anshuman, J.) Ritik/- U T