Sikandar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19462 of 2024 Arising Out of PS. Case No.-696 Year-2023 Thana- GARKHA District- Saran ====================================================== Sikandar Chaudhary, S/O- Bandhu Chaudhary R/O- Village- Sargadi, P.S.- Garkha, Dist.- Saran.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Ajit Kumar Singh For the Opposite Party/s :

Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-03-2024

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 total recovery of 50 litres of liquor from the house of this petitioner.

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

Patna High Court CR. MISC. No.19462 of 2024(2) dt.21-03-2024 2/3 further submitted that after Amendment in the Excise Act, 2018, the concept of deemed possession and presumed offender has been done away with. It is further submitted that it has been specifically pleaded and asserted at Para-8 of anticipatory bail application that the house in question does not belong to the petitioner. It is next submitted that it appears that the police in order to save the real culprit falsely implicated the petitioner. It is next submitted that petitioner is not the owner of any of the seized vehicles.

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

6. Considering the submissions made by the learned counsel for the petitioners, the petitioners, abovenamed, 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.500/- (Rupees Five Hundred) each with two sureties of the like amount each to the satisfaction of the learned 1st Special Judge Excise, Saran at Chapra in connection with Garkha P. S. Case No.696 of 2023, subject to the conditions laid down under Section 438(2) of the

Patna High Court CR. MISC. No.19462 of 2024(2) dt.21-03-2024 3/3 Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U