Vikash Chaudhary @ Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29703 of 2024 Arising Out of PS. Case No.-70 Year-2023 Thana- BITHAN District- Samastipur ====================================================== Vikash Chaudhary @ Vikash Kumar, S/O Arjun Chaudhry R/O Near Golumbar, Ward No.10, P.S- Bithan, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Anand For the Opposite Party/s :

Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-04-2024

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 15 litres of liquor from the house of Arjun Chaudhary, who is father of the petitioner, apart from recovery of 17 litres of liquor from the house of Narayan Mukhiya and Hareram Mukhiya as detailed in the F.I.R.

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.29703 of 2024(2) dt.22-04-2024 2/3 in the Excise Act, 2018, the concept of deemed possession and presumed offender has been done away with. It is further submitted that no prudent person would use his own premises for committing an occurrence and thus, would create evidence against himself and hence, would get implicated. It is next submitted that petitioner came to be implicated based on secret information, which is the easiest way to implicate someone.

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 Special Judge Excise-1, Samastipur in connection with Bithan P. S. Case No.70 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

8. It is made clear that the learned trial Court before accepting the bail bonds of the petitioner shall verify the criminal antecedent of the petitioner and in the event, if it is found that petitioner has antecedent of even one case, in that

Patna High Court CR. MISC. No.29703 of 2024(2) dt.22-04-2024 3/3 event, the present anticipatory bail application shall not be given effect to.

(Satyavrat Verma, J) vikash/- U T