Allowed¶20

Sakaldip Pawan @ Sakal Paswan v. the State of Bihar

Patna HC27 Mar 2024CR. MISC./20432/2024

Case brief

AI extract

What is this about?

Anticipatory bail; Bihar Excise Act S. 30(a); alleged recovery of 50 litres liquor from bathan; deemed possession / presumed offender argument after 2018 Excise Act amendment; bail bond Rs. 1,000 with two sureties; conditions under S. 438(2) Cr.P.C.; Patepur (Harlochanpur) P.S. Case No. 22 of 2024; CRL. MISC. No. 20432 of 2024; decided 27-03-2024; Satyavrat Verma, J.

What did the court decide?

Anticipatory bail on arrest or surrender within six weeks, on bail bonds of Rs. 1,000/- with two sureties of the like amount each, subject to the conditions laid down under Section 438(2) Cr.P.C. ¶20

Sakaldip Pawan @ Sakal Paswan 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.20432 of 2024

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Arising Out of PS. Case No.-22 Year-2024 Thana- PATEPUR District- Vaishali

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

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SAKALDIP PAWAN @ SAKAL PASWAN S/O- JAYKISHUN PASWAN R/O- VILLAGE- CHAKSAID, P.S.- PATELPUR, DIST.- VAISHALI AT HAJIPUR.

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... ... Petitioner/s

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Versus

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THE STATE OF BIHAR BIHAR, PATNA

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Santosh Kumar For the Opposite Party/s : Mr. Chandra Bhushan Prasad ======================================================

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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2 27-03-2024

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Heard learned counsel for the petitioner and

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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 is a person with clean antecedent and allegation is of recovery of 50 liters of liquor from the bathan 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 bathan is a place outside the house and is accessible to public at large. It is next submitted that it appears that someone inimical to the petitioner in order to falsely implicate him and his family members

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Patna High Court CR. MISC. No.20432 of 2024(2) dt.27-03-2024 2/2

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planted meager amount of liquor in his bathan . It is next submitted that no prudent person would use his own premise for committing an occurrence and thus would create evidence against himself and hence would get implicated. It is also submitted that after the amendment in the Excise Act in the year 2018, the concept of deemed possession and presumed offender has been done away with.

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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. 1,000/- (Rupees One 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 Patepur (Harlochanpur) P.S. Case No. 22 of 2024 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/- U T

Sakaldip Pawan @ Sakal Paswan v. the State of Bihar

Case brief

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Sakaldip Pawan @ Sakal Paswan v. the State of Bihar

Case brief

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