Indrajit Kumar @ Ranjit Yadav @ Indrajit Yadav @ Ranjit Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84595 of 2023 Arising Out of PS. Case No.-596 Year-2023 Thana- HARNAUT District- Nalanda ====================================================== Indrajit Kumar @ Ranjit Yadav @ Indrajit Yadav @ Ranjit Paswan, S/O Ranswarath Yadav R/O Village- Chero, P.S.- Harnaut, Dist.- Nalanda ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar @ S.K.

For the Opposite Party/s :

Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-02-2024

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 65 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 and he came to be implicated in a mechanical manner. It is further submitted that even the house, which is a joint family property and thus, cannot

Patna High Court CR. MISC. No.84595 of 2023(3) dt.21-02-2024 2/2 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, when admittedly petitioner is a person with clean antecedent and after Amendment in the Excise Act, 2018, the concept of presumed offender and deemed possession has been done away with.

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. 500/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of the learned 5th Additional Sessions Judge-cumSpecial Judge Excise, Biharsharif, Nalanda in connection with Harnaut P. S. Case No.596 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