Upendra Kewat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.89181 of 2025 Arising Out of PS. Case No.-748 Year-2025 Thana- Excise P.S. District- Lakhisarai ====================================================== Upendra Kewat S/o Late Lekha Kewat Resident of Village- Jokmaila Ward No. 18, P.S.- Lakhisarai, District- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shaukat Alam For the Opposite Party/s :

Mr. Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 24-12-2025 Heard learned counsel for the parties.

2. Petitioner is seeking bail in connection with Excise P.S. Case No. 748C2 of 2025 dated 13.11.2025 registered for the offences under Section 30(a) of Bihar Prohibition and Excise Amendment Act.

3. As per FIR, 5 liters of illicit liquor kept in a bag is said to have been recovered from a field.

4. Learned counsel for the petitioner submits that recovery is said to have been made from a bag lying in the field which is an open place and the access of general public could not have been denied. It has next been submitted that the petitioner is a man of means and ready to abide by the conditions imposed, in case, the benefit of regular bail is granted by this Court. It is next submitted that merely because of his

Patna High Court CR. MISC. No.89181 of 2025(2) dt.24-12-2025 2/2 criminal antecedent, the petitioner has falsely been implicated in this case while the petitioner is in no way connected with the case. It has further been submitted that in all the five cases, the petitioner is on bail and he is in judicial custody since 13.11.2025.

5. Learned APP for the State vehemently opposed the prayer for bail.

6. Regard being had to the submission made by the parties and taking into consideration the fact that the recovery is made from an open place where the access of general public could not be denied and the period of custody of the petitioner, this Court is inclined to grant regular bail to the petitioner.

7. Let the petitioner, above named, be enlarged 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 the learned District and Additional Sessions Judge-VII-cumExclusive Special Excise Court-II, Lakhisarai in connection with Excise P.S. Case No. 748C2 of 2025.

(Ajit Kumar, J) shailendra/- U T