Jitendra Kumar @ Nanhe @ Jitendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36691 of 2024 Arising Out of PS. Case No.-402 Year-2022 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== Jitendra Kumar @ Nanhe @ Jitendra Singh S/O - Nand Kishore Singh R/O - Village - Baghi P.S - Karpurigram P.S Samastipur Muffasil , Dist - Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Suneil Kumar Thakur For the Opposite Party/s :

Mr.Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-06-2024

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 ten cases 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 also submitted

Patna High Court CR. MISC. No.36691 of 2024(2) dt.21-06-2024 2/3 that even the house, which is a joint family property and thus, 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 his knowledge. It is also submitted that he came to be implicated at the instance of Chaukidar with whom he is on an inimical term as the Chaukidar earlier also got him implicated in the false cases.

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 ten weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 50,000/- (Rupees Fifty Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Excise Judge-1, Samastipur in connection with Samastipur (Muffasil) P. S. Case No.402 of 2022, 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

Patna High Court CR. MISC. No.36691 of 2024(2) dt.21-06-2024 3/3 found that petitioner has antecedent of more than ten cases, in that event, the present anticipatory bail application shall not be given effect to.

(Satyavrat Verma, J) vikash/- U T