Sunil Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20978 of 2024 Arising Out of PS. Case No.-645 Year-2023 Thana- NAANPUR District- Sitamarhi ====================================================== Sunil Ray, Son Of Sitaram Ray Resident Of Village- Bathaul, Ps- Nanpur (Bhokhra), Distt- Sitamarhi ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Jha For the Opposite Party/s :

Ms.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-03-2024

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 has antecedent of one case and the allegation is of recovery of 15 litres of liquor from the house 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 further submitted that the house from which the alleged recovery is shown is under construction, as such, no one is staying in the house and thus, is accessible to villagers at large and it appears that someone

Patna High Court CR. MISC. No.20978 of 2024(2) dt.28-03-2024 2/2 inimical to the petitioner planted meagre amount of liquor in the under constructed house in order to falsely implicate the petitioner and his family members. It is also submitted that he came to be implicated based on confessional statement of Sunil Sahni and Raj Kumar 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. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Exclusive Excise CourtII, Sitamarhi in connection with Nanpur P. S. Case No.645 of 2023, 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