Bhagwan Bhagat @ Bhagwan Lal Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42713 of 2024 Arising Out of PS. Case No.-44 Year-2024 Thana- RANIGANJ District- Araria ====================================================== Bhagwan Bhagat @ Bhagwan Lal Bhagat son of Late Harihar Bhagat VillageMajhuwa West Sharnarthi Tola W.No-10, Ps- Raniganj Dist- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Rana For the Opposite Party/s :

Mr.Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-07-2024 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 offences punishable under Section 30(a) of the Bihar Excise Act.

3.

Learned counsel for the petitioner submits that the petitioner has antecedent of one case and allegation is of recovery of 10 litres of liquor from an egg shop of the petitioner. 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 after the amendment in the Excise Act in the year 2018, the concept of deemed possession and presumed offender has been done away with. It is next submitted that no prudent businessman would

Patna High Court CR. MISC. No.42713 of 2024(2) dt.05-07-2024 2/3 use his own premises for committing an occurrence and thus would bring disrepute to his business. It is next submitted that it appears that someone inimical to the petitioner kept concealed the liquor in the shop in order to implicate the petitioner. It is next submitted that he came to be implicated based on secret information which is the easiest way to implicate someone. 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. 5,000/- (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 Raniganj P.S. Case No. 44 of 2024 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

7.

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 the petitioner has antecedent of more than one case,

Patna High Court CR. MISC. No.42713 of 2024(2) dt.05-07-2024 3/3 in that event the present anticipatory bail order shall not be given effect to.

(Satyavrat Verma, J) SUMIT/- U T