Dinbandhu @ Devendra Kumar Divakar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47671 of 2024 Arising Out of PS. Case No.-193 Year-2024 Thana- BAKHARI District- Begusarai ====================================================== Dinbandhu @ Devendra Kumar Divakar Son Of Ram Pravesh Mahto R/ONear School, Arjun Tola Ward No. 04, Siripur, P.S.- Bakhri And DistrictBegusarari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arjun Prasad For the Opposite Party/s :

Mr.Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-07-2024 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 two cases and allegation is of recovery of 15.480 litres of liquor from a shop. 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 he came to be implicated based on the fact that he is owner of the shop. It is next submitted that no prudent person would use his own

Patna High Court CR. MISC. No.47671 of 2024(2) dt.20-07-2024 2/3 premises for committing an occurrence and thus would create evidence against himself and hence would get implicated. It is also submitted that 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 submited that petitioner runs a shop in the name of Bright Computer Point Digital Studio and Printing Press and it appears that some customer seeing the police fled leaving the liquor. 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. 10,000/- (Rupees Ten 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 Bakhri P.S. Case No. 193 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

Patna High Court CR. MISC. No.47671 of 2024(2) dt.20-07-2024 3/3 criminal antecedents of the petitioner and in the event if it is found that the petitioner has antecedent of more than two cases, in that event the present anticipatory bail order shall not be given effect to.

(Satyavrat Verma, J) SUMIT/- U T