Suhail Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24265 of 2018 Arising Out of PS.Case No. -83 Year- 2018 Thana -BUXAR District- BUXAR ======================================================

1. Suhail Khan, Son of Ali Sher Khan, Resident of Village- Sarimpur, P.S.- Buxar (Industrial), District- Buxar.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar Singh For the Opposite Party/s : Mr. Smt. Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 25-04-2018 Heard the learned counsel for the petitioner and the learned counsel for the State.

The petitioner seeks anticipatory bail in connection with Buxar(T) P.S. Case No.83 of 2018 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of 100 liters of liquor from an open area of the premises of the co-accused persons. The said co-accused persons are said to have disclosed the name of the petitioner.

The learned counsel for the petitioner submits that no recovery has been made from the conscious possession of the petitioner. It is further submitted that the petitioner is having a clean antecedent.

Patna High Court Cr.Misc. No.24265 of 2018 (2) dt.25-04-2018 2/2 Considering the nature of accusation leveled against the petitioner herein as also the fact that prima facie no case is made out under the provisions of the Excise Act, I deem it fit and proper to admit the petitioner herein to the privilege of anticipatory bail. Accordingly, in the event of arrest or surrender before the concerned court within a period of six weeks from the date of receipt / production of a copy of the preset order, the petitioner above named is directed to be released on anticipatory bail on furnishing bonds of Rs.10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Buxar in connection with Buxar (T) P.S. Case No.83 of 2018, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure. (Mohit Kumar Shah, J) Sanjeev/- U T