Binod Kewat @ Vinod Kewat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58086 of 2022 Arising Out of PS. Case No.-631 Year-2022 Thana- LAKHISARAI District- Lakhisarai ====================================================== Binod Kewat @ Vinod Kewat Son Of Late Shyam Kewat R/O VillageGangta, P.S.- Lakhisarai, Distt.- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rabi Bhushan, Advocate For the Opposite Party/s :

Mr.Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 25-11-2022 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. Let the defect (s), as pointed out by the office, be removed within a period of four weeks (if any). In the present case, the petitioner seeks bail in connection with Lakhisarai (Amhara) P.S. Case No. 631 of 2022 registered for the alleged offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

Allegedly the petitioner was apprehended with 5 litres of country made liquor.

The learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case and nothing incriminating has been recovered from his conscious possession. None of the witnesses has identified the

Patna High Court CR. MISC. No.58086 of 2022(2) dt.25-11-2022 2/3 petitioner and there is no independent witness to the seizure list. The petitioner is in custody since 28.07.2022 and charge-sheet has been submitted.

Learned APP opposes the prayer for bail submitting that the petitioner is having criminal antecedent. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the period of custody of the petitioner along with the submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge4th-cum-Special Excise Court No. 1st, Lakhisarai in connection with Lakhisarai (Amhara) P.S. Case No. 631 of 2022, subject to the conditions mentioned in Section 437(3) of the Cr.P.C. and the other following conditions:

(i) One of the bailors will be close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail

Patna High Court CR. MISC. No.58086 of 2022(2) dt.25-11-2022 3/3 bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) himanshu/- U T