Patna High CourtCR. MISC./9756/2024bail granted

Azad @ Ajad Hjam v. The State Of Bihar

2024-02-28Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9756 of 2024 Arising Out of PS. Case No.-275 Year-2023 Thana- KOCHADHAMAN District- Kishanganj ====================================================== Azad @ Ajad Hjam S/O Jafir Nai @ Zafir Nai (HAJAM), R/O VillageMurgigadi Sarai, Ward No. 3, Santha, Ps.- Kochadhaman, Dist. Kishanganj. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Navneet Kumar For the Opposite Party/s :

Mr.Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-02-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of the Excise Act.

3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of recovery of 156.120 litres of liquor from a cattle shed situated outside the house of petitioner.

4. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is next submitted that after Amendment in the Excise Act, 2018, the concept of deemed possession and presumed offender has been done away

Patna High Court CR. MISC. No.9756 of 2024(2) dt.28-02-2024 2/2 with. It is also submitted that cattle shed is a place outside the house and thus, is accessible to public at large.

5. Learned A.P.P. opposes the bail application.

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 Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.500/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise I/c, Kishanganj in connection with Special Case No.508 of 2023 arising out of Kochadhaman P. S. Case No.275 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T