Lallu Kumar @ Manish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54936 of 2024 Arising Out of PS. Case No.-403 Year-2024 Thana- DANAPUR District- Patna ====================================================== Lallu Kumar @ Manish Kumar S/O Manoj Rai @ Chotte Lal Rai R/O Village- Pethiya Bazar, Sonari Mandir, P.S- Danapur, Distt.- Patna, Bihar. ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ravi Kant Kumar For the Opposite Party/s :
Mr. Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-08-2024
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 offence punishable under Section 30(a) and 41 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 40.5 litres of liquor from the 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 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
Patna High Court CR. MISC. No.54936 of 2024(2) dt.07-08-2024 2/3 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 he came to be implicated at the instance of local people but then it is submitted that police in majority of the cases implicates either through chowkidar or local person in a mechanical manner without holding a proper investigation, when petitioner admittedly is a person with clean antecedent.
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 Special Case Excise No.1620/2024, arising out of Danapur P.S. Case No.403/2024, 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
Patna High Court CR. MISC. No.54936 of 2024(2) dt.07-08-2024 3/3 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