Abhay Kumar @ Abhay Kumar Yadav @ Abhay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10549 of 2024 Arising Out of PS. Case No.-83 Year-2022 Thana- SIWAN MUFFASIL District- Siwan ====================================================== Abhay Kumar @ Abhay Kumar Yadav @ Abhay Yadav S/O SHIV MANGAL YADAV R/O VILLAGE- LAHUSI KALAN, PS.- DHANAUTI O.P. DIST.- SIWAN.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Pandey For the Opposite Party/s :

Mr.Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-02-2024 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 offences punishable under Section 30(a) of the Bihar Excise Act.

3.

Learned counsel for the petitioner submits that the petitioner has antecedent of three cases and allegation is of recovery of 30.380 litres of liquor from a place near a toilet in the house of the petitioner.

4.

Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession. It is also submitted that after the amendment in the Excise Act in the year 2018, the concept of deemed possession and presumed offender has been

Patna High Court CR. MISC. No.10549 of 2024(2) dt.29-02-2024 2/2 done away with, as such, it cannot be alleged with certainty that it was petitioner, who kept the liquor in the house or the liquor kept in the house was within the knowledge of the petitioner. It is next submitted that he came to be implicated based on confessional statement of apprehended accused in police custody, which does not have any evidentiary value. 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 petitioner, the petitioner above-named, in the event of his 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. 15,000/- (Rupees Fifteen Thousand) 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 Siwan Muffasil (Dhanauti) P.S. Case No. 83 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) SUMIT/- U T