Disposed

Jitendra Yadav v. The State of Bihar

Patna HC2 Sept 2024CR. MISC./62543/2024

Case brief

AI extract

What is this about?

Petitioner sought anticipatory bail in an excise case alleging recovery of 62 liters of liquor from his joint family house, arguing no conscious possession. Court granted conditional anticipatory bail with bail bonds of Rs. 5,000 and two sureties, subject to verification of criminal antecedents.

What did the court decide?

Anticipatory bail: bail bonds Rs. 5,000 with two sureties of like amount upon arrest/surrender within six weeks, subject to antecedent verification.

Jitendra Yadav Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.62543 of 2024

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Arising Out of PS. Case No.-48 Year-2024 Thana- Dhobaha District- Bhojpur

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

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Jitendra Yadav Son of Gupteshwar Yadav Resident of Village - Pawat, P.S.Dhobaha, District - Bhojpur

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... ... Petitioner/s

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Versus

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The State of Bihar Bihar

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... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ajay Kumar Singh For the Opposite Party/s : Mr. Akshay Lal Pandit ======================================================

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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2 02-09-2024

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Heard learned counsel for the petitioner and learned

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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 petitioner has antecedent of one case and allegation is of recovery of 62 liters of liquor from the house of the petitioner.

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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 and the house is a joint family property, as such, it cannot be alleged

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Patna High Court CR. MISC. No.62543 of 2024(2) dt.02-09-2024 2/2

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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 Dhobaha P.S. Case No. 48 of 2024 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

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However, it is made clear the learned Trial Court before accepting the bail bonds of the petitioner shall verify the criminal antecedent of the petitioner and in the event 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.

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(Satyavrat Verma, J)

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Rishabh/-

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U T

Jitendra Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Jitendra Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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