Disposed

Dayanand Paswan v. The State of Bihar

Patna HC4 Jul 2024CR. MISC./35363/2024

Case brief

AI extract

What is this about?

Anticipatory bail sought in an Excise Act case over recovery of 25 litres of liquor from the petitioner's joint family house. Court granted conditional anticipatory bail with bail bonds, subject to verification of criminal antecedents; order ineffective if more than one antecedent case exists.

What did the court decide?

Anticipatory bail granted: bail bonds of Rs.5,000/- with two like sureties within six weeks, subject to Section 438(2) Cr.P.C. conditions and antecedent verification.

Dayanand Paswan Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2024)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.35363 of 2024

¶2

Arising Out of PS. Case No.-185 Year-2020 Thana- ATHMALGOLA District- Patna

¶3

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

¶4

Dayanand Paswan S/O DARSHAN PASWAN R/O VILLAGE-Chaksarwar, P.S.- ATHMALGOLA, DIST- PATNA

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

¶9

====================================================== Appearance : For the Petitioner/s : Mr. Rajesh Kumar Sinha, Advocate For the Opposite Party/s : Mr. Rabindra Kumar, A.P.P. ======================================================

¶10

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

¶11

3 04-07-2024

¶12

Heard learned counsel for the petitioner and learned

¶13

A.P.P. for the State.

¶14

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

¶15

Learned counsel for the petitioner submits that petitioner has antecedent of one case.

¶16

Allegation is of recovery of 25 litres of liquor from the house of the petitioner.

¶17

Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and after amendment in the Excise Act in the year 2018, the concept of deemed possession and presumed offender has been done away with. It is further submitted that the house in question is a joint family property as such it cannot be alleged with certainty that it was the petitioner who had kept the

¶18

Patna High Court CR. MISC. No.35363 of 2024(3) dt.04-07-2024 2/2

¶19

liquor in the house or the liquor kept in the house was within the knowledge of the petitioner and he came to be implicated based on the secret information which is the easiest way to implicate some one.

¶20

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

¶21

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.5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Athmalgola P.S. Case No. 185 of 2020, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

¶22

However, the learned trial court, before accepting the bail bonds of the petitioner, shall verify the criminal antecedent of the petitioner and if it is found that petitioner has antecedent of more than one case in that event the present anticipatory bail order shall not be given effect to.

¶23

(Satyavrat Verma, J)

¶24

Kundan/-

¶25

U T

Dayanand Paswan v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Dayanand Paswan v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Santosh Chaudhary Vs The State of Bihar

Md. Samirul Haque @ Samirul Vs The State of Bihar

Santosh Pandit @ Santosh Kumhar @ Santosh Kumar Vs The State of Bihar

Ramjee Vs The State of Bihar

Arun Patel Vs The State of Bihar

Manisha Sahay Vs The State of Bihar