Ravi Paswan @ Ravi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25039 of 2024 Arising Out of PS. Case No.-480 Year-2023 Thana- MASHRAK District- Saran ====================================================== RAVI PASWAN @ RAVI KUMAR S/O RAJESH PASWAN @ RAJESH MANJHI RESIDENT OF VILLAGE - GHOGHIA, POLICE STATION - MASHRAKH, DISTT.- SARAN.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md Anis Akhtar, Advocate For the Opposite Party/s :

Ms. Asha Devi, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-04-2024

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 offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. Learned counsel for the petitioner submits that petitioner has antecedent of one case.

4. Allegation is of recovery of 7.200 litres of liquor from the house of the petitioner.

5. 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 in the year 2018, the concept of deemed possession and presumed offender has been done away with. It

Patna High Court CR. MISC. No.25039 of 2024(2) dt.04-04-2024 2/3 is further submitted that petitioner came to be implicated at the instance of the local villager. It is next submitted that the police in mechanical manner implicate either at the instance of Chawkidar or local persons but then it absolutely does not stand to reason that if the local person was aware of the involvement of the petitioner in the occurrence then why he/she did not inform the police prior to institution of the instant FIR which casts an aspersion on the case of the prosecution.

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

7. 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 from today, be released on anticipatory bail on furnishing bail bonds of Rs.5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Mashrakh P.S. Case No. 480 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

8. However, the learned trial court, before accepting the bail bonds of the petitioner, shall verify the criminal

Patna High Court CR. MISC. No.25039 of 2024(2) dt.04-04-2024 3/3 antecedent of the petitioner and if it is found that petitioner has antecedent of more than one case in that event the present anticipatory bail order shall not be given effect to. (Satyavrat Verma, J) Kundan/- U T