Firaj Khan @ Firoj Khan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4226 of 2025 Arising Out of PS. Case No.-330 Year-2024 Thana- BHELDI District- Saran ====================================================== Firaj Khan @ Firoj Khan Son of Abdul Hasan Resident of VillageDahiyawan, Siya Colony, P.S.- Chapra Town, District- Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nalin Kumar For the Opposite Party/s :
Mr. Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-02-2025
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2016.
3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and allegation is of recovery of 120 litres of liquor from an e-rickshaw. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and he came to be implicated based on the fact that he is owner of the e-rickshaw. It is also submitted that Binit was arrested. It is next submitted that no prudent person would use his own vehicle for committing an occurrence and thus would create evidence
Patna High Court CR. MISC. No.4226 of 2025(2) dt.12-02-2025 2/3 against himself and hence would get implicated. It is also submitted that the petitioner was completely unaware that Binit would misuse his vehicle in the manner as alleged, who was also apprehended from the spot.
4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
5. 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 provisional anticipatory bail on furnishing bail bonds of Rs.500/- (Rupees five hundred) 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 Bheldi P.S. Case No.330/2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
6. It is made clear that the learned trial court shall verify the criminal antecedents of the petitioner and in the event if it is found that petitioner has antecedent of even one case, in that event, the provisional anticipatory bail order shall not be confirmed but if on verification it is found that petitioner is a person with clean antecedent, in that event the provisional
Patna High Court CR. MISC. No.4226 of 2025(2) dt.12-02-2025 3/3 anticipatory bail order shall be confirmed forthwith. (Satyavrat Verma, J) amit/- U T