Bade Choudhary @ Jitendra Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22334 of 2024 Arising Out of PS. Case No.-10 Year-2024 Thana- RAFIGANJ District- Aurangabad ====================================================== Bade Choudhary @ Jitendra Choudhary S/O Ratan Choudhary R/O VillageMae Bhuiya Bigha, P.S- Rafiganj, Distt.- Aurangabad. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Ashok Singh For the Opposite Party/s :

Mr.Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-03-2024

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 Sections 30(a) and 30(c) 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 120 litres of liquor from the hut of the 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 and after Amendment in the Excise Act, 2018, the concept of deemed possession and presumed offender has been done away with. It is also submitted

Patna High Court CR. MISC. No.22334 of 2024(2) dt.29-03-2024 2/3 that the alleged recovery is not from a hut, but from a house, which is a joint family property and thus, 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 and he came to be implicated at the instance of local villagers. It is next submitted that police in mechanical manner implicates either at the instance of Chaukidar or local villager, but then, does not disclose the name of the person, who disclosed the name of the petitioner in the F.I.R. It is also submitted that if the local persons were aware of the involvement of the petitioner in the occurrence, then why he did not inform the police prior to institution of the F.I.R.

, It is also submitted that petitioner came to be implicated at the instance of local people, but then, the name of the person, who disclosed the name of the petitioner is not disclosed in the F.I.R., which cast an aspersion on the case of the prosecution, when admittedly petitioner is a person with clean antecedent.

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

Patna High Court CR. MISC. No.22334 of 2024(2) dt.29-03-2024 3/3 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 Special Judge, Excise Court No.1, Aurangabad in connection with Rafiganj P. S. Case No.10 of 2024, 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