Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74307 of 2023 Arising Out of PS. Case No.-330 Year-2023 Thana- RAJAPAKAR District- Vaishali ====================================================== Vikash Kumar, Son Of Bachchababoo Ray R/O Vill - Randaha, P.S. - Rajapakar (Baranti O.P.), Distt. - Vaishali ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr.Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-02-2024

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

2. The petitioner seeks bail in anticipation of his arrest 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 is a person with clean antecedent and the allegation is of recovery of 352.8 litres of liquor from the house of the 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. It is also submitted that alleged recovery is not from the house of the petitioner as on the seizure list, there is no signature of any family members

Patna High Court CR. MISC. No.74307 of 2023(3) dt.20-02-2024 2/2 of the petitioner. It is also submitted that concept of deemed possession and presumed offender has been done away with after amendment in the Excise Act in the Year 2018, 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 also submitted and asserted that petitioner is not the owner of the house in question.

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

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 Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No.- II-cum-A.D.J., Vaishali at Hajipur in connection with Rajapakar (Baranti O.P.) P. S. Case No.330 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T