Rabindra Singh @ Rabindra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21052 of 2024 Arising Out of PS. Case No.-217 Year-2023 Thana- AGIAON BAZAR District- Bhojpur ====================================================== 1.

Rabindra Singh @ Rabindra Yadav Son of Jagdish Singh Resident of vill.- Basdiha, P.S.-Agiaon Bazar, Distt.-Bhojpur 2.

Sushil Kumar Son of Rabindra Singh @ Rabindra Yadav Resident of vill.- Basdiha, P.S.-Agiaon Bazar, Distt.-Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Kumar For the Opposite Party/s :

Mr.Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-03-2024

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

2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Section 414 of the I.P.C. and Section 30(a) of the Excise Act.

3. The learned counsel for the petitioners submits that the petitioner no.1 has antecedent of one case and petitioner no.2 has antecedent of two cases and the allegation is of recovery of 02 litres of liquor from the house of the petitioners.

4. The learned counsel for the petitioners submits that petitioners were not arrested from the spot, as such, nothing was recovered from their conscious possession and after Amendment

Patna High Court CR. MISC. No.21052 of 2024(2) dt.28-03-2024 2/2 in the Excise Act, 2018, the concept of deemed possession and presumed offender has been done away with. It is further submitted that they came to be implicated based on confessional statement of Maniraj Singh and Guddu Singh in police custody, which does not have any evidentiary value.

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

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 Court below within a period of six weeks, is directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court-1, Bhojpur at Ara in connection with Agiaon P. S. Case No.217 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