Allowed¶17

Binod Kumar Singh @ Binod Singh v. the State of Bihar

Patna HC19 Mar 2024CR. MISC./18243/2024

Case brief

AI extract

What is this about?

Patna High Court, CR. MISC. No.18243 of 2024, decided 19-03-2024 by Satyavrat Verma, J. Anticipatory bail application under S. 438 Cr.P.C. in Asaon P.S. Case No. 142 of 2023, District Siwan, for offence under S. 30(a) Bihar Excise Act. Bail granted with conditions including surrender/appearance within six weeks, bail bond of Rs. 5,000 with two like sureties, and S. 438(2) Cr.P.C. conditions. No precedents cited.

What did the court decide?

Anticipatory bail: petitioner to be released in the event of arrest or surrender within six weeks, on bail bonds of Rs. 5,000 with two sureties of the like amount each, subject to conditions under Section 438(2) Cr.P.C., in connection with Asaon P.S. Case No. 142 of 2023. ¶17

Binod Kumar Singh @ Binod Singh Vs the State of Bihar — Anticipatory Bail | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.18243 of 2024

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Arising Out of PS. Case No.-142 Year-2023 Thana- ASANWA District- Siwan

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======================================================

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BINOD KUMAR SINGH @ BINOD SINGH S/O LATE RAM BALAK SINGH R/O VILLAGE- PATEJI BAHADUR, P.S- ASAON, DISTT.SIWAN.

... ... Petitioner/s

Versus

2 19-03-2024

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Bijay Prakash Singh For the Opposite Party/s : Mr. Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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... ... Opposite Party/s

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

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The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a)of the Bihar Excise Act.

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Learned counsel for the petitioner submits that the petitioner has antecedent of one case and allegation is of recovery of 6 liters of liquor from the house of the petitioner.

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Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and he came to be implicated based on secret information which is the easiest way to implicate someone. It is also submitted that after the

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Patna High Court CR. MISC. No.18243 of 2024(2) dt.19-03-2024 2/2

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amendment in the Excise Act in the year 2018, the concept of deemed possession and presumed offender has been done away with and even the house is a joint family property, 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.

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Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

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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 trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) 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 Asaon P.S. Case No. 142 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

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(Satyavrat Verma, J)

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Rishabh/-

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U T

Binod Kumar Singh @ Binod Singh v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Binod Kumar Singh @ Binod Singh v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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