Patna High CourtCR. MISC./63929/2024bail granted

Govind Paswan v. The State Of Bihar

2024-09-20Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63929 of 2024 Arising Out of PS. Case No.-33 Year-2024 Thana- GHATHO District- Samastipur ====================================================== Govind Paswan, S/o Ram Prit Paswan @ Rampreet Paswan R/o Village - Musapur P. S. - Ghatho Dist. - Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dilip Kumar Roy For the Opposite Party/s :

Ms.Pronoti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-09-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offences punishable under Section 30(a) of the Excise Act.

3. The learned counsel for the petitioner submits that the petitioner has antecedent of one case and allegation is of recovery of 35 litres of liquor as detailed in the FIR out of which, 20 litres of liquor is alleged to have been recovered from the house of petitioner.

4. The 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, 2018, the concept of deemed possession and presumed offender has been done away with and even the

Patna High Court CR. MISC. No.63929 of 2024(2) dt.20-09-2024 2/2 house, which is a joint family property and thus, 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 and is in custody since 21.07.2024.

5. Learned A.P.P. opposes the bail application.

6. Considering the fact , the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of Sri Basant Kumar, learned Exclusive Special Judge Excise-1, Samastipur in connection with Ghatho P. S. Case No.33 of 2024.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T