Md. Rizwan Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10146 of 2025 Arising Out of PS. Case No.-25 Year-2024 Thana- DAUDNAGAR District- Aurangabad ====================================================== Md. Rizwan Khan Son of Md. Akhlas Khan Resident of Samanpura, Raja Bazar, PS-Shastrinagar, District -Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md Fazle Karim, Advocate For the Opposite Party/s :

Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 28-03-2025 Heard the learned counsel for the petitioner and learned counsel for the State.

2. The petitioner apprehends his arrest in connection with Daudnagar P.S. Case No. 25 of 2024 registered for offences under Sections 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, 33.3 liters of illicit liquor has been recovered from the vehicle in question.

4. Learned counsel for the petitioner submits that petitioner is quite innocent and has not committed any offence. He further submits that nothing has been recovered from the possession of the petitioner. Petitioner claims clean antecedent.

5. Learned APP for the State has vehemently opposed the prayer for bail.

Patna High Court CR. MISC. No.10146 of 2025(2) dt.28-03-2025 2/2

6. Considering the facts and circumstances of the case, this application for anticipatory bail is allowed.

7. Accordingly, let the petitioner, above-named, in the event of his arrest or surrender within four weeks from today in the Court below, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise-II, Aurangabad/concerned court below in connection with Daudnagar P.S. Case No. 25 of 2024 subject to the conditions that:- i). Before accepting the bail-bonds of the petitioner, the Court below will verify the antecedent of the petitioner. If the petitioner is found having clean antecedent, then the bail-bonds of the petitioner shall be accepted. If the petitioner is found having criminal antecedent(s), then his bailbonds shall not be accepted by the court below. (ii). The petitioner will mark his attendance at the Shastrinagar Police Station, Patna on every Sunday of each month. Any default in the appearance at the Police Station would result in cancellation of the bail bonds of the petitioner.

8. This application for anticipatory bail is allowed. (Sandeep Kumar, J) Shishir/- U T