Krishna Dhangar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30837 of 2024 Arising Out of PS. Case No.-189 Year-2023 Thana- PALANWA District- East Champaran ====================================================== KRISHNA DHANGAR SON OF NANDLAL DHANGAR RESIDENT OF VILLAGE - PALANWA, DHANGAR TOLI, P.S. - PALANWA, DISTRICT - EAST CHAMPARAN, MOTIHARI ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajesh Kumar, Advocate For the Opposite Party/s :
Mr. Suman Kumari Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-04-2024
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 offences punishable under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent.
4. Allegation is of recovery of 5 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
Patna High Court CR. MISC. No.30837 of 2024(2) dt.25-04-2024 2/3 possession and presumed offender has been done away with. It is further submitted that the house is a joint family property as such it 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 the knowledge of the petitioner and he came to be implicated at the instance of the independent witnesses but then the name of the witnesses is not disclosed in the 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.500/- (Rupees Five Hundred) 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 Palanwa P.S. Case No. 189 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.30837 of 2024(2) dt.25-04-2024 3/3 antecedent of the petitioner and if it is found that petitioner has antecedent of even one case in that event the present anticipatory bail order shall not be given effect to. (Satyavrat Verma, J) Kundan/- U T