Moain Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20597 of 2024 Arising Out of PS. Case No.-75 Year-2021 Thana- SARAI District- Vaishali ====================================================== Moain Khan, Son Of Late Jahiruddin Khan Resident Of Village-Kabilpur, P.S.-Sarai, District-Vaishali.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 27-03-2024

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 recovery of 1.125 litre of liquor from the house of Shaukat Ali, 23.250 litres of liquor from the house of petitioner and 22.200 litres of liquor from the house of Afsar Ali.

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 and after Amendment

Patna High Court CR. MISC. No.20597 of 2024(2) dt.27-03-2024 2/2 in the Excise Act, 2018, the concept of deemed possession and presumed offender has been done away with. It is also submitted that in the house many people reside and it cannot be alleged with certainty that it was the petitioner, who had kept the liquor in the house or the liquor kept in the house was within his knowledge. It is further submitted that he came to be implicated based on confessional statement of Shaukat Ali 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 petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.500/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II-cumExcise Court, Vaishali at Hajipur in connection with Sarai P. S. Case No.75 of 2021, 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