Lakhandeo Choudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42297 of 2024 Arising Out of PS. Case No.-164 Year-2024 Thana- Excise P.S. District- Aurangabad ====================================================== Lakhandeo Choudhary, Son of Hiralal Choudhary, Village- Karanbigha, Koilwan, P.S- Haspura, Dist.- Aurangabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Mukul Kumari For the Opposite Party/s :
Mr. Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-07-2024
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 Sections 30(a) and 32(3) of Bihar Prohibition and Excise Amendment Act, 2018.
3. Learned counsel for the petitioner submits that petitioner has antecedent of one case and allegation is of recovery of 30 litres of liquor from a motorcycle and 35 litres of liquor from the house of the petitioner. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and is not the owner of the seized motorcycle 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 is also submitted that the
Patna High Court CR. MISC. No.42297 of 2024(2) dt.04-07-2024 2/3 house in question is a joint family property as such it cannot be alleged with certainty that it was petitioner, who had kept the liquor in the house or the liquor kept in the house was within his knowledge and he came to be implicated based on confessional statement of apprehended accused in police custody, which does not have any evidentiary value.
4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
5. 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.5000/- (Rupees five thousand) 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 Daudnagar Excise P.S. Case No.164/2024, G.R. No.708/2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
6. It is made clear that the learned trial court before accepting the bail bonds of the petitioner shall verify the criminal antecedents of the petitioner and in the event if it is found that petitioner has antecedent of more than one case, in
Patna High Court CR. MISC. No.42297 of 2024(2) dt.04-07-2024 3/3 that event, the present anticipatory bail order shall not be given effect to.
(Satyavrat Verma, J) amit/- U T