Patna High CourtCR. MISC./46236/2024bail granted

Randhir Kumar @ Randheer Kumar v. The State Of Bihar

2024-07-05Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46236 of 2024 Arising Out of PS. Case No.-113 Year-2024 Thana- BIBHUTIPUR District- Samastipur ====================================================== RANDHIR KUMAR @ RANDHEER KUMAR SON OF YOGENDRA SINGH @ GABBAR SINGH VILLAGE- KERAI SARPATI, P.S.- BIBHUTIPUR, DISTT.- SAMASTIPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anant Kumar Mishra For the Opposite Party/s :

Md. Nazir Ansari ====================================================== 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 seeks bail 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 petitioner has antecedent of three cases and allegation is of recovery of 278.280 liters of liquor from the house of the petitioner.

4. Learned counsel for the petitioner submits that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and he came to be implicated at the instance of Chowkidar with whom he is on an

Patna High Court CR. MISC. No.46236 of 2024(2) dt.05-07-2024 2/2 inimical term. It is also submitted that petitioner was arrested during the course of investigation and is in custody since 09.05.2024. 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 with.

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

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen 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 Bibhutipur P.S. Case No. 113 of 2024.

7. Accordingly, the present regular bail application stands allowed.

(Satyavrat Verma, J) Rishabh/- U T