Md. Furkan Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16006 of 2025 Arising Out of PS. Case No.-36 Year-2025 Thana- Bikramganj Excise District- Rohtas ====================================================== Md. Furkan Khan S/o Md Sarjam Khan Resident of Village- Sikarita Road, Thana Chowk, PS- Bikramganj, District- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Siddharth Harsh, Advocate For the Opposite Party/s :

Mrs. Sangeeta Sharma, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 02-04-2025 Heard Learned Counsel for the petitioner and Learned APP for the State.

2. The present Cr. Misc. Application has been filed under Section 482 of The Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as "BNSS, 2023") for grant of anticipatory bail to the petitioner who apprehends his arrest in connection with Bikramganj Excise P.S. Case No. 36 of 2025 lodged on 11.02.2025, for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution, total recovery of 216 litres of illicit liquor has been made which is the subject matter of the present case.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that petitioner is not named in the FIR and nothing has been recovered from the petitioner's possession. Counsel

Patna High Court CR. MISC. No.16006 of 2025(2) dt.02-04-2025 2/2 submits that petitioner's name has come in this case due to the reason that he is the owner of the tempo from which the alleged liquor has been recovered. Counsel further submits that petitioner has no criminal antecedent and he is ready to fulfill all the conditions whatsoever shall be imposed upon him.

5. Learned APP for the State opposes the prayer for bail of the petitioner but admits that petitioner has no criminal antecedent.

6. As such, in the present facts and circumstances of this case, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of Exclusive Special Judge, Excise Court no.1, Rohtas at Sasaram, in connection with Bikramganj Excise P.S. Case No. 36 of 2025, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023.

(Dr. Anshuman, J) Divyansh/- U T