Sukru Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87329 of 2024 Arising Out of PS. Case No.-104 Year-2024 Thana- SIKTI District- Araria ====================================================== Sukru Khan Son of Md. Mulhai Khan @ Ainuddin Khan @ Jainuddin Resident of Village- Khan Tola Pararia Ward No.13, P.S.- Sikty, DistrictAraria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar Rana For the Opposite Party/s :

Mr. Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 20-01-2025

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Sikty Police Station Case No. 104 of 2024, disclosing offences under Sections 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. As per the FIR, on the basis of secret information, the police proceeded at the house of the petitioner where nobody was present. Upon search, 23.4 liters of Nepali Fighter Black and Nepali Resham Litchi country made liquor was recovered from the hut made of straw meant for keeping fodder.

4. Learned Counsel for the petitioner submits that the petitioner is having no criminal antecedent of similar nature of offence and has been made accused on the ground that liquor has been recovered from a hut in which fodder was kept for the

Patna High Court CR. MISC. No.87329 of 2024(2) dt.20-01-2025 2/2 cattle. The hut made of straw is situated outside the house of the petitioner and is easily accessible to all.

5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that illicit liquor has not been recovered from inside the house of the petitioner and the petitioner is having no criminal antecedent of similar nature of offence, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four 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 District and Additional Sessions Judgecum-Exclusive Special Excise Judge-II, Araria, in connection with Sikty Police Station Case No. 104 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

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