Virendra Kewat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1789 of 2024 Arising Out of PS. Case No.-921 Year-2023 Thana- Excise P.S. District- Lakhisarai ====================================================== VIRENDRA KEWAT SON OF SURESH KEWAT RESIDENT OF VILLAGE - DIGHA, P.S. - AMHARA, DISTRICT - LAKHISARAI ... ... Petitioner/s
Versus
THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajive Ranjan Singh For the Opposite Party/s :
Mrs.Pronoti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 25-01-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Excise P.S. Case No. 921C2 of 2023 registered for the offences punishable under Section 37 of Bihar Prohibition and Excise (Amendment) Act, 2022.
3. As per prosecution case, petitioner is said to have apprehended on the spot and on the basis of breath analysis test it has been detected that petitioner consumed alcohol/liquor.
4. Learned counsel for the petitioner submits that petitioner is quite innocent and has not committed any
Patna High Court CR. MISC. No.1789 of 2024(2) dt.25-01-2024 2/3 offence as alleged in the FIR. Petitioner is in custody since 18.11.2023. Petitioner bears criminal antecedent of one case. Petitioner has been apprehended on the spot on the basis of suspicion only. Except suspicion, there is nothing on record to connect the present petitioner with the alleged occurrence.
5. The learned A.P.P. for the State opposes the prayer for bail of the petitioner.
6. Considering the facts and circumstances of the case, period of custody, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released 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 Sessions JudgeV-cum-Exclusive Special Court-02, Lakhisarai in connection with Excise P.S. Case No. 921C2 of 2023, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has
Patna High Court CR. MISC. No.1789 of 2024(2) dt.25-01-2024 3/3 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 without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(Alok Kumar Pandey, J) shahzad/- U T