Lal Babu Paswan @ Lal Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12224 of 2024 Arising Out of PS. Case No.-470 Year-2023 Thana- BISFI (PATAUNA) District- Madhubani ====================================================== 1.

Lal Babu Paswan @ Lal Paswan Son of Jagnarayan Paswan @ Jaynarayan Paswan Resident of vill.- Rathous Ghat Korahiya, P.S.- Bisfi (Patauna OP), Distt.- Madhubani 2.

Kavita Devi Wife of Lal Babu Paswan @ Lal Paswan Resident of vill.- Rathous Ghat Korahiya, P.S.- Bisfi (Patauna OP), Dist- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailendra Kumar For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-03-2024 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 Sections 30(a) and 30(d) of the Bihar Excise Act.

3.

Learned counsel for the petitioners submits that the petitioners are person with clean antecedent and allegation is of recovery of 26 litres of liquor from house of petitioner and 20 litres of raw material which was destroyed at the spot. 4.

Learned counsel for the petitioners submits that the petitioners were not arrested from the spot as such nothing was recovered from their conscious possession and after the

Patna High Court CR. MISC. No.12224 of 2024(2) dt.04-03-2024 2/2 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 was petitioners who had kept the liquor in the house or the liquor kept in the house within knowledge of the petitioners, when petitioners admittedly are persons with clean antecedent. 5.

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

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 Bisfi (Patauna) P.S. Case No. 470 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) SUMIT/- U T