Binod Kumar Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45076 of 2024 Arising Out of PS. Case No.-232 Year-2024 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Binod Kumar Rai s/o Chandradeep Rai R/o Village-Kartaha Jagdishpur, Kartaha, district-Vaishali, At Present- Village-Adalpur, p.S.-Hajipur Sadar, District-Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sunil Kumar Singh For the Opposite Party/s :
Mr. Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-07-2024
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 Section 30(a) of Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and allegation is of recovery of 24.960 litres of liquor from the rented 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 even alleged recovery is from a house, which does not belong to the petitioner rather petitioner is on rent and after amendment in the Excise Act in the year 2018, the concept of deemed possession and presumed offender has been done away with.
Patna High Court CR. MISC. No.45076 of 2024(2) dt.12-07-2024 2/2 It is also submitted that in the rented premises other tenants are also staying but the police in mechanical manner impicated the petitioner at the instance of chowkidar with whom the petitioner is on an inimical term.
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.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 Hajipur Sadar P.S. Case No.232/2024, 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 even one case, in that event, the present anticipatory bail order shall not be given effect to. (Satyavrat Verma, J) amit/- U T