Mritunjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63934 of 2024 Arising Out of PS. Case No.-228 Year-2024 Thana- GOH District- Aurangabad ====================================================== Mritunjay Kumar Son of Late Rajgir Sao Resident of Goh, Rafiganj Road, Ward No. 11,P.S Goh, Distt.- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Singh For the Opposite Party/s :

Mr. Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-09-2024

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 8.19 liters of liquor, out of which 375 ml of liquor is alleged to have been recovered from a motorcycle and 7.815 liters of liquor is alleged to have been recovered from 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 is not the owner of

Patna High Court CR. MISC. No.63934 of 2024(2) dt.04-09-2024 2/3 the seized motorcycle and after amendment in the Excise Act in the year 2018, the concept of deemed possession and presumed offender has been done away with and the house, in question, 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 next submitted that he came to be implicated based on confessional statement of Rahul in police custody which does not have any evidentiary value.

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 Goh P.S. Case No. 228 of 2024 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

7. However, it is made clear the learned Trial Court

Patna High Court CR. MISC. No.63934 of 2024(2) dt.04-09-2024 3/3 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