Rampravesh Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9030 of 2024 Arising Out of PS. Case No.-319 Year-2023 Thana- KUSHESHWARASTHAN DistrictDarbhanga ====================================================== 1.

Rampravesh Mukhiya S/O LATE LAXMAN MUKHIYA R/O VILLAGELAKSHMIPUR, PS. KUSHESHWARSTHAN, DIST. DARBHANGA. 2.

ASHA DEVI W/O RAMPRAVESH MUKHIYA R/O VILLAGELAKSHMIPUR, PS. KUSHESHWARSTHAN, DIST. DARBHANGA. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Madhav Jha, Advocate For the Opposite Party/s :

Ms.Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 27-02-2024 1.

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

2.

The petitioners apprehend their arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

3.

Learned counsel for the petitioners submits that the petitioners are person with clean antecedent and Petitioner no. 2 is a woman and allegation is of recovery of 8 litres of liquor from the house of the petitioners.

4.

Learned counsel for the petitioner submits that the petitioners were not arrested from the spot as such nothing was recovered from their conscious possession. It is also submitted

Patna High Court CR. MISC. No.9030 of 2024(2) dt.27-02-2024 2/2 that 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 house is a joint family property as such it cannot be alleged with certainty that it were petitioners who had kept the liquor in the house or the liquor kept in the house within knowledge of the petitioners. 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 petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 500/- (Rupees Five Hundred) each 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 K. Asthan P.S. Case No. 319 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) SUMIT/- U T