Ranjit Don @ Ranjit Yadav @ Ranjit Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23780 of 2024 Arising Out of PS. Case No.-516 Year-2023 Thana- KHUSRUPUR District- Patna ====================================================== 1.

Ranjit Don @ Ranjit Yadav @ Ranjit Singh S/o Awadhesh Singh R/o vill - Kayampur, P.S. - Khushrupur, Distt. - Patna 2.

Randhir Kumar S/o Awadhesh Singh R/o vill - Kayampur, P.S. - Khushrupur, Distt. - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anirudh Kumar For the Opposite Party/s :

Mr.Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-04-2024 1.

Heard learned counsel for the petitioners and learned A.P.P. for the State.

2.

The petitioners apprehend their arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

3.

Learned counsel for the petitioners submits that the petitioner no. 1 has antecedent of four cases, petitioner no. 2 has antecedent of three cases and allegation is of recovery of 1.125 litres of liquor from the house of the petitioners. 4.

Learned counsel for the petitioners submits that the petitioners were not arrested from the spot as such nothing was recovered from their conscious possession and after the

Patna High Court CR. MISC. No.23780 of 2024(2) dt.02-04-2024 2/2 amendment in the Excise Act in the year 2018, the concept of deemed possession and presumed offender has been done away with. It is next submitted that house is a joint family property as such it cannot be alleged with certainty that it were petitioners who had kept the liquor in the house or the liquor kept in the house within knowledge of the petitioners.

5.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

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 trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 20,000/- (Rupees Twenty Thousand) each 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 Khushrupur P.S. Case No. 516 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) SUMIT/- U T