Patna High CourtCR. MISC./4519/2024bail granted

Satnam Singh v. The State Of Bihar

2024-02-13Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4519 of 2024 Arising Out of PS. Case No.-181 Year-2023 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== Satnam Singh S/O DIDAR SINGH @ DEEDAR SINGHJ R/O MOHALLAWADALI GURU PATTI MANDI ( PATI MAAN DI, GURU KI WADALI ) P.S. AMRITSAR, DIST- AMRITSAR, STATE- PANJAB ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Diwakar For the Opposite Party/s :

Mr. Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-02-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Sahebpur Kamal P.S. Case No.181/2023 registered for the offence punishable under Section 120(b) and 290 of the I.P.C. and Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and is a businessman.

4. An allegation is of recovery of 1242 litres of liquor from a truck, it is next submitted that petitioner being the owner of the truck came to be implicated. It is further submitted that after 2018 amendment in the Excise act, the concept of deemed

Patna High Court CR. MISC. No.4519 of 2024(2) dt.13-02-2024 2/2 possession and presumed offender has been done away with. It is also submitted that no prudent businessman would indulge in an activity which would bring disrepute to the business. It is thus submitted that the police in mechanical manner investigates and implicates.

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 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) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No.2, Begusarai/concerned court in connection with Sahebpur Kamal P.S. Case No.181/2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) amit/- U T