Raja Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52473 of 2024 Arising Out of PS. Case No.-55 Year-2024 Thana- Singhaul District- Begusarai ====================================================== RAJA KUMAR SON OF YOGENDRA MAHTO @ JOGENDRA MAHTO RESIDENT OF VILLAGE - DUMRI (DUMARI), WARD NO. 07, P.S. - SINGHAUL, DISTRICT - BEGUSARAI ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sandip Kumar Gautam For the Opposite Party/s :
Mr. Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-08-2024
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 petitioner is a person with clean antecedent and allegation is of recovery of 3.75 liters of liquor from a room inside 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 after amendment in the Excise Act in the year 2018, the concept of deemed
Patna High Court CR. MISC. No.52473 of 2024(2) dt.01-08-2024 2/3 possession and presumed offender has been done away with and even the house is a joint family property, as such, it cannot be alleged with certainty that it was the petitioner who had kept the liquor in the house or the liquor kept in the house was within his knowledge. It is further submitted that he came to be implicated at the instance of Chowkidar. It is next submitted that it absolutely does not stand to reason that how the Chowkidar could have identified that the room belongs to the petitioner which amply demonstrates that he has been implicated in the instant case as he is on an inimical term with the Chowkidar.
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. 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 Singhaul P.S. Case No. 55 of 2024 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
Patna High Court CR. MISC. No.52473 of 2024(2) dt.01-08-2024 3/3
7. However, it is made clear the learned Trial Court before accepting the bail bonds of the petitioner shall verify the criminal antecedent 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) Rishabh/- U T