Sarwar Qais Mohammed Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78065 of 2024 Arising Out of PS. Case No.-98 Year-2024 Thana- RAMPUR HARI District- Muzaffarpur ====================================================== Sarwar Qais Mohammed Khan Son of Late Azhar Qais Mohammed Khan R/O Mohalla - Nauzar Katra, Mahaveer Ghat, P.S. Gulzar Bag, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amit Kumar Jha, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 28-11-2024 1.

Heard learned Counsel for the petitioner and learned APP for the State.

2.

This application, for grant of anticipatory bail, arises out of Rampur Hari PS case no. 98 of 2024, disclosing offences punishable under Section 30(a) of Bihar Prohibition and Excise Act.

3.

The prosecution story, as per the First Information Report, is that 133.35 liters of illicit liquor was recovered from Maruti Suzuki Zen Estilo car and petitioner is the owner of the said car.

4.

Learned Counsel for the petitioner submits that petitioner is having no criminal antecedent and he has been made accused as he happens to be the registered owner of the Maruti car in question, however the said car was sold in favour of Md. Arman in the 2021 but the purchaser has not transferred

Patna High Court CR. MISC. No.78065 of 2024(2) dt.28-11-2024 2/2 the car in his name from the District Transport Office. Learned counsel further submits that at the time of occurrence, the car was being driven by the driver, who was apprehended by the police.

5.

Regard being had to the submissions made on behalf of the parties and taking into consideration the fact that the Maruti car was not being driven by the petitioner at the time of occurrence and he has been made accused on the basis of being the owner of the car, I am inclined to grant the privilege of anticipatory bail to the petitioner.

6.

This application is, accordingly, allowed.

7.

Let petitioner, abovenamed, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge-II, Muzaffarpur in connection with Rampur Hari PS case no. 98 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) rinkee/- U T