Guddu Kumar @ Jitendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17421 of 2024 Arising Out of PS. Case No.-478 Year-2023 Thana- OBRA District- Aurangabad ====================================================== Guddu Kumar @ Jitendra Kumar SON OF DUDHESHWAR SINGH @ SIDHESHWAR SINGH VILLAGE -HASANPURA PS -OBRA DISTRICTAURANGABAD ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bhaskar Shankar For the Opposite Party/s :
Mr. Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-03-2024
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 is a person with clean antecedent and allegation is of recovery of 20 liters of liquor from the possession of Sidheswar @ Dudheswar Singh.
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 next submitted that after the amendment in the Excise Act in the year 2018, the
Patna High Court CR. MISC. No.17421 of 2024(2) dt.18-03-2024 2/2 concept of deemed possession and presumed offender has been done away with. It is further submitted that petitioner being son of Sidheswar Singh came to be implicated based on his confessional statement in police custody which does not have any evidentiary value, when admittedly petitioner is a person with clean antecedent.
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. 1,000/- (Rupees One 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 Obra P.S. Case No. 478 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Rishabh/- U T