Sanjay Kewat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70937 of 2022 Arising Out of PS. Case No.-386 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Lakhisarai ====================================================== SANJAY KEWAT SON OF VEER CHANDAR KEWAT @ VEER CHANDRA KEWAT R/O VILL.- JOGMAILA, P.S.- LAKHISARAI, DISTT.- LAKHISARAI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar, Advocate For the Opposite Party/s :

Ms.Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-02-2023 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Excise PS case no. 386 C2 of 2022 instituted for the offences punishable under Section 37(i) of Bihar Prohibition and Excise Act.

The allegation is regarding the petitioner having been apprehended by the police while he was in a drunken condition and upon conduct of Breath Analyzer Test, it was found that he had consumed alcohol/ liquor.

The learned counsel for the petitioner submits that the petitioner is innocent, has been falsely implicated in the present case and is languishing in custody since 06.10.2022. The

Patna High Court CR. MISC. No.70937 of 2022(2) dt.09-02-2023 2/2 learned counsel for the petitioner has further submitted that no illicit liquor has been recovered from the conscious possession of the petitioner and only allegation levelled against the petitioner is regarding him having consumed illicit liquor. Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the period of incarceration of the petitioner herein, I deem it fit and appropriate to admit the petitioner to the privilege of bail.

Accordingly, the abovenamed petitioner is directed to be released on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned court of Additional Sessions Judge V-cum-Exclusive Special Court 2, Excise Act, Lakhisarai in connection with Excise PS case no. 386 C2 of 2022.

(Mohit Kumar Shah, J) rinkee/- U T