Bipin Malakar @ Himanshu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4311 of 2025 Arising Out of PS. Case No.-442 Year-2024 Thana- AKBARPUR District- Nawada ====================================================== Bipin Malakar @ Himanshu Kumar Son of Ranjeet Malakar R/o Vill.- Akbarpur, Bich Bazar, P.S.- Akbarpur, Dist.- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amit Ranjan For the Opposite Party/s :

Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-02-2025 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

3.

Learned counsel for the petitioner submits that the petitioner has antecedent of one case and allegation is of recovery of 2.875 litres of liquor from the ancestral house of the petitioner. 4.

Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and after the amendment in the Excise Act in the year 2018, the concept of deemed possession and presumed offender has been done away with. It is next submitted that the house in question is a joint family property as such it cannot be alleged with certainty that it was petitioner who had kept

Patna High Court CR. MISC. No.4311 of 2025(2) dt.12-02-2025 2/2 the liquor in the house or the liquor kept in the house was within knowledge of the petitioner.

5.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on Provisional anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Akbarpur P.S. Case No. 442 of 2024 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. 7.

It is made clear that thereafter the learned Trial Court shall verify the criminal antecedent of the petitioner and in the event if it is found that petitioner has antecedent of more than one case in that event the provisional anticipatory bail order shall not be confirmed, but after verification if it is found that petitioner has antecedent of one case in that event the provisional anticipatory bail order shall be confirmed forthwith.

(Satyavrat Verma, J) SUMIT/- U T