Santosh Yadav @ Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36440 of 2024 Arising Out of PS. Case No.-125 Year-2024 Thana- Excise P.S. District- Samastipur ====================================================== Santosh Yadav @ Santosh Kumar Son of Ramnarayan @ Ram Narayan Roy R/O Village- Harpur Bhindi, P.S.- Tajpur, Dist.- Samastipur ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar Singh, Advocate For the Opposite Party/s :

Mr. Ramesh Chandra, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 26-06-2024

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 Excise Act.

3) Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 101 liters of liquor from a restaurant.

4) Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and being owner of the restaurant he has been implicated. It is also submitted that after amendment in the Excise Act in the year 2018, the concept of deemed possession and presumed offender has been done away

Patna High Court CR. MISC. No.36440 of 2024(2) dt.26-06-2024 2/3 with. It is next submitted that no prudent businessman would use his own premises for committing an occurrence and thus would create evidence against him and hence would get implicated. It is next submitted that the alleged place is a Dhaba and it appears that some miscreants on seeing the police fled leaving the liquor of which the petitioner was not aware.

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

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 trial court 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 trial court where the case is pending/successor court in connection with Samastipur P.S. Case No. 125 of 2024 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

7) However, it is made clear 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.36440 of 2024(2) dt.26-06-2024 3/3 event, the present anticipatory bail order shall not be given effect to.

(Satyavrat Verma, J) Rishabh/- U T