Sulekha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11843 of 2024 Arising Out of PS. Case No.-345 Year-2023 Thana- NATHNAGAR District- Bhagalpur ====================================================== SULEKHA DEVI W/o Ramdev Paswan R/o Shahjadpur, Kishanpur, P.S.- Madhusudanpur, District- Bhagalpur-812005, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Madan Mohan, Advocate For the Opposite Party/s :

Mr. Awadhesh Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-03-2024

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 offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent.

4. Allegation is of recovery of 10 litres of liquor from the house of the petitioner.

5. Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and after amendment in the Excise Act in the year 2018, the concept of deemed possession and presumed offender has been down away with. It is further submitted that petitioner came to be implicated by the

Patna High Court CR. MISC. No.11843 of 2024(2) dt.04-03-2024 2/2 local people and one Pachu Paswan. It is next submitted that petitioner is on an inimical term with Pachu Paswan and the name of the local person is not disclosed in the FIR, when petitioner admittedly is a person with clean antecedent.

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

7. 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 Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.500/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Nathnagar P.S. Case No. 345 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T