Bhohi Lal Singh @ Hasan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60133 of 2024 Arising Out of PS. Case No.-81 Year-2024 Thana- AMDABAD District- Katihar ====================================================== 1.

Bhohi Lal Singh @ Hasan Singh S/o Shiv Shankar Singh R/o vill - Bhagwan Tola, P.S. - Amdabad, Distt. - Katihar 2.

Shanti Devi W/o Laxman Singh R/o vill - Bhagwan Tola, P.S. - Amdabad, Distt. - Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Suresh Prasad Sah, Advocate For the Opposite Party/s :

Mr. Raj Ballabh Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 31-08-2024

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 the Bihar Prohibition and Excise Act, 2016.

3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and petitioner no. 2 is a woman.

4. Allegation is of recovery of 20 litres of liquor from the house of petitioner no. 1 and 15 litres of liquor from the house of petitioner no. 2.

5. Learned counsel for the petitioners submits that petitioners were not arrested from the spot, as such, nothing was

Patna High Court CR. MISC. No.60133 of 2024(2) dt.31-08-2024 2/3 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 further submitted that the house in question is a joint family property, as such, it cannot be alleged with certainty that it was the petitioners who had kept the liquor in the house or the liquor kept in the house was within their knowledge.

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

7. Considering the submissions made by the learned counsel for the petitioners, let 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.500/- (Rupees Five Hundred) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Amdabad P.S. Case No. 81 of 2024 corresponding to G.R. No. 2284 of 2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

8. However, the learned trial court, before accepting the bail bonds of the petitioners, shall verify the criminal

Patna High Court CR. MISC. No.60133 of 2024(2) dt.31-08-2024 3/3 antecedent of the petitioners and if it is found that petitioners have antecedent of even one case in that event the present anticipatory bail order shall not be given effect to. (Satyavrat Verma, J) Kundan/- U T