Sabir Khan Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Sabir Khan Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Pre-arrest direction for release on bail: petitioner to be released on bail upon arrest or surrender before the court below within six weeks, on bail bond of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the learned Exclusive Special Court, Excise II, Nawada, subject to conditions under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.

Issue for consideration

Whether the petitioner, apprehending arrest in Rajauli P.S. Case No.294 of 2021 instituted under Section 30(a) of the Bihar Prohibition and Excise Act, should be granted anticipatory bail.

Court's answer

In the event of arrest or surrender before the court below within six weeks, the petitioner is to be released on bail on furnishing a bail bond of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the learned Exclusive Special Court, Excise II, Nawada, in connection with Rajauli P.S. Case No.294 of 2021, subject to the conditions laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.

Detailed headnote1 paragraphs

Anticipatory bail - Patna High Court (Sunil Dutta Mishra, J.) allowed the petitioner's prayer apprehending arrest in Rajauli P.S. Case No.294 of 2021, Nawada, instituted under Section 30(a) of the Bihar Prohibition and Excise Act, where the prosecution case was recovery of 100 liters of mahua liquor from two motorcycles, one registered in the petitioner's name. The petitioner claimed innocence, that his motorcycle was stolen (theft complaint lodged at Koderma P.S. on 16.10.2020, before the occurrence), that no incriminating article was recovered from his conscious possession, and that he had no criminal antecedent and would cooperate. On considering the facts, circumstances and submissions, the Court directed that in the event of arrest or surrender before the court below within six weeks, the petitioner be released on bail on a bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Court, Excise II, Nawada, subject to conditions under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.51865 of 2025

Arising Out of PS. Case No.-294 Year-2021 Thana- RAJAOLI District- Nawada

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

Sabir Khan S/o Bisantu Khan @ Safik Khan, R/o Mohalla- Jai Nagar, Koderma, P.S.- Jainagar, Distt.- Koderma, Jharkhand.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Amresh Kumar Sinha, Advocate. For the Opposite Party/s : Ms. Pronoti Singh, APP. ======================================================

CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER

2 19-08-2025

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

The petitioner apprehends his arrest in connection with Rajauli P.S. Case No.294 of 2021 instituted under Section 30(a) of Bihar Prohibition and Excise Act.

As per the prosecution case, there is recovery of 100 liter mahua liquor from two motorcycles and one of the motorcycle was registered in the name of petitioner.

Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. He further submits that motorcycle of petitioner was stolen and in this regard he has lodged a complaint to the Koderna P.S. on 16.10.2020 which is much before the date of occurrence. Learned counsel submits that petitioner has no concern with the

Patna High Court CR. MISC. No.51865 of 2025(2) dt.19-08-2025 2/2

seized liquor and he has been implicated in this case only on the basis of owner of the motorcycle. He further submits that no incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel submits that petitioner has no criminal antecedent and he undertakes to cooperate in the investigation and trial.

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

Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Court, Excise II, Nawada in connection with Rajauli P.S. Case No.294 of 2021, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.

(Sunil Dutta Mishra, J)

Ritik/-

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