Rajan Khan @ Afzal Imam Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8513 of 2020 Arising Out of PS. Case No.-298 Year-2019 Thana- PANCHRUKHI District- Siwan ====================================================== RAJAN KHAN @ AFZAL IMAM KHAN Son of Irshad Khan Resident of Village - Mahpur, P.S.- Sarai, O.P., Distt - Siwan. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Pandey For the Opposite Party/s :

Mr. Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 02-03-2020 Heard learned counsel for the petitioner and the learned APP for State.

Petitioner apprehends his arrest in connection with Pachrukhi ( Sarai O.P.) P.S. Case no. 298 of 2019 instituted for the offence under Section(s) 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act. Having no criminal antecedents, it is submitted that the petitioner apprehends his arrest in the instant case based on recovery of 25 liters 920Ml illicit liquor. Liquor is said to have been abandoned by the three motorcyclists who have fled away.

Petitioner's counsel submits that the prosecution case is false. No recovery has been made from the petitioner and neither he was apprehended at the place. In the circumstances,

Patna High Court CR. MISC. No.8513 of 2020(2) dt.02-03-2020 2/3 since there is also no seizure from the petitioner, the offence under the Bihar Prohibition and Excise Act cannot be made out. The learned APP for the State has opposed the prayer for anticipatory bail, referring to the provisions contained in Section 76(2) of the Bihar Prohibition and Excise Act and submitted that pre-arrest bail would not be maintainable. This Court is conscious of decision of the Full Bench in the case of Ram Vinay Yadav vs. State of Bihar reported in 2019(2) PLJR 1089. Having regard to the law laid down in the said judgment and the submissions advanced on behalf of the petitioner, this Court, for the limited purpose of grant of anticipatory bail, is inclined to accept the submissions of counsel for the petitioner.

The learned APP for the State has opposed the prayer for anticipatory bail.

Considering the aforesaid facts, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner before the court below, named above, within four (04) weeks from today, he shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Addl. Sessions Judge-II-cum Special Judge

Patna High Court CR. MISC. No.8513 of 2020(2) dt.02-03-2020 3/3 Excise Siwan, in connection with Pachrukhi ( Sarai O.P.) P.S. Case no. 298 of 2019, subject to the conditions as laid down under Section 438(2) Cr. P.C. subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled (Madhuresh Prasad, J) shyambihari/- U T