Raja Kumar @ Rajnish @ Rajneesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11152 of 2024 Arising Out of PS. Case No.-112 Year-2023 Thana- GADHPURA District- Begusarai ====================================================== Raja Kumar @ Rajnish @ Rajneesh Kumar, S/O- Sanjay Singh @ Sipul Singh R/O- Village- Dunhi, P.S.- Gadhpura, Dist.- Begusarai. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Shashank Shekhar For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-03-2024

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 09 litres of liquor from the house of the petitioner along with 54 litres of liquor from a sugarcane field.

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 nest submitted

Patna High Court CR. MISC. No.11152 of 2024(2) dt.01-03-2024 2/3 that after Amendment in the Excise Act, 2018, the concept of deemed possession and presumed offender has been done away with. It is also submitted that even the house, which is a joint family property and thus, cannot be alleged with certainty that it was the petitioner, who had kept the liquor in the house or the liquor kept in the house was within his knowledge. It is also submitted that no doubt, the sugarcane belongs to the petitioner, but then, the same is accessible to public at large as no prudent person would use his own premises for committing an occurrence and thus, would create evidence against himself and hence, would get implicated, when admittedly petitioner is a person with clean antecedent.

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 Exclusive Special Judge, Excise 1st, Begusarai in connection with Gadhpura P. S. Case No.112 of

Patna High Court CR. MISC. No.11152 of 2024(2) dt.01-03-2024 3/3 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