Madhubani v. THE STATE OF BIHAR
Case at a glance
Provisions considered
- Bihar Prohibition and Excise Act, 2022 s. 30(a)
- Code of Criminal Procedure, 1973 s. 438(2)
Judgment
====================================================== Appearance : For the Petitioner/s : Mr. Ravi Prakash Mr. Udeshya Kr. Yadav For the Opposite Party/s : Mr.Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA Mr. Gagandeo Yadav ORAL ORDER 2 22-03-2024
#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 offence punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2022.
#3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and allegation is of recovery of 52.2 litres of liquor from the house of Prakash Mahto. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and he came to be implicated based on the fact that he is the son of Prakash Mahto and after amendment in the Patna High Court CR. MISC. No.20054 of 2024(2) dt.22-03-2024 Excise Act in the year 2018, the concept of deemed possession and presumed offender has been done away with. It is thus submitted that it cannot be alleged with certainty that it was petitioner, who had kept the liquor in the house or the liquor kept in the house was within his knowledge and he came to be implicated based on confessional statement of Prakash in police custody, which does not have any evidentiary value.
#4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
#5. 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 trial court where the case is pending/successor court in connection with Town P.S. Case No.415/2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. amit/- U T (Satyavrat Verma, J)
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.