Chhedi Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51726 of 2024 Arising Out of PS. Case No.-88 Year-2024 Thana- MANSI District- Khagaria ====================================================== 1.

Chhedi Singh Son of Bechan Singh Resident of Vill- Balkunda, P.S.- Mansi, District- Khagaria.

2.

Chandradeo Chaudhary Son of Late Yogi Choudhary Resident of VillBalkunda, P.S.- Mansi, District- Khagaria. 3.

Bijo Choudhary Son of Paro Choudhary Resident of Vill- Balkunda, P.S.- Mansi, District- Khagaria.

4.

Ram Bilash Singh @ Bilash Singh @ Bilas Singh Son of Late Jaldhari Singh Resident of Vill- Balkunda, P.S.- Mansi, District- Khagaria. 5.

Raj Kumar Singh Son of Ram Bilash Singh Resident of Vill- Balkunda, P.S.- Mansi, District- Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hafiz Shahbaz Arif For the Opposite Party/s :

Mr. Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-08-2024

1. Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Amendment Act.

3. Learned counsel for the petitioners submits that petitioner no.1, 2 and 3 are persons with clean antecedent and petitioner no.4 and 5 have antecedent of one case and allegation is of recovery of 5 litres of liquor from the house of Bilash

Patna High Court CR. MISC. No.51726 of 2024(2) dt.01-08-2024 2/3 Singh (Petitioner no.4). It is next submitted that petitioners were not arrested from the spot as such nothing was recovered from their conscious possession 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 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 they came to be implicated at the instance of chowkidar with whom they are on an inimical term.

4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

5. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their 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) each 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 Mansi P.S. Case No.88/2024, subject to the conditions as laid down under

Patna High Court CR. MISC. No.51726 of 2024(2) dt.01-08-2024 3/3 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 petitioners shall verify the criminal antecedents of the petitioners and in the event if it is found that petitioner no.1, 2 and 3 have antecedent of even one case and petitioner no.4 and 5 have antecedent of more than one case, in that event, the present anticipatory bail order shall not be given effect to.

(Satyavrat Verma, J) amit/- U T