Sameer Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87779 of 2025 Arising Out of PS. Case No.-136 Year-2025 Thana- KUDHNI District- Muzaffarpur ====================================================== Sameer Khan S/O Makbul Khan @ Makbul Ansari R/O Village- Maheshpur, P.S- Angara, Distt.- Ranchi, Jharkhand.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prabhat Kumar Singh, Advocate For the Opposite Party/s :

Mr. Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 19-12-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Kudhani P.S. Case No.136 of 2025, F.I.R dated 26.09.2025 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022.

3. As per the prosecution case, on 26.09.2025 at about 1:20 A.M., ASI Pravesh Paswan, along with other police personnel, was on night patrolling duty when he received secret information that a four-wheeler carrying a large quantity of liquor was travelling from Akhtiyarpur Padhiya Chowk towards Rampur Chowk. Upon receiving the information, the police reached the spot, where the vehicle, on noticing the police,

Patna High Court CR. MISC. No.87779 of 2025(2) dt.19-12-2025 2/3 accelerated and fled towards Sonvarsha. During the chase, the vehicle hit an electric pole, and although an attempt was made to apprehend the person, he escaped taking advantage of darkness. On search of the abandoned Maruti Suzuki Zen Estilo (Registration No. JH08B0921), the police allegedly recovered 141 litres of illegal foreign liquor.

4. Learned counsel for the petitioner submits that the recovery is said to have been made from a Maruti Suzuki Zen Estilo vehicle bearing Reg. No.JH08B0921. It is next submitted that the petitioner has no concern either with the seized vehicle or with the seized illicit liquor. The petitioner has clean antecedent and is ready to abide by the terms and conditions, in case the privilege of anticipatory bail is extended to him in his favour.

5. Learned APP for the State opposes the prayer for anticipatory bail application.

6. Regard being had to the submission made by the parties, taking into consideration the fact that illicit liquor has not been recovered from the constructive possession and / or premises belonging to the petitioner and the petitioner has clean antecedent, accordingly, this Court is inclined to grant anticipatory bail to the petitioner.

Patna High Court CR. MISC. No.87779 of 2025(2) dt.19-12-2025 3/3

7. Let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Exclusive Court No-II, Muzaffarpur, in connection with Kudhani P.S. Case No.136 of 2025, subject to the condition as laid down under Section 482(2) of the B.N.S.S., 2023.

(Ajit Kumar, J) sharun/- U T