Md. Kamil Khan vs The State Of Bihar on 24 July, 2025

Patna High Court – Orders

Md. Kamil Khan vs The State Of Bihar on 24 July, 2025

Author: Rajesh Kumar Verma

Bench: Rajesh Kumar Verma

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.44807 of 2025
                        Arising Out of PS. Case No.-326 Year-2025 Thana- Excise P.S. District- Gaya
                 ======================================================
           1.     Md. Kamil Khan S/o- Rahmat Ali Khan Vill- Sandih Bhadya PS- Barachatty
                  Dist- Gaya
           2.    Md. Tausif Raza S/o- Md. Shamin Quraishi Village- Bind Mohalla, Sahadat
                 Chowk Ps- Chatra Sadar Dist- Chatra State- Jharkhand

                                                                                      ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Priya Ranjan, Advocate
                 For the Opposite Party/s :         Mr. Rana Randhir Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   24-07-2025

Heard Mr. Priya Ranjan, learned counsel for the

petitioners and Mr. Rana Randhir Singh, learned Additional

Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in

connection with Excise P.S. Case No. 326 of 2025, F.I.R dated

25.03.2025 registered for the offences punishable under

Sections 30(a) and 32(3) of Bihar Prohibition and Excise

Amendment Act, 2018.

3. Recovery is of 2100 liters of illicit liquor.

4. Learned counsel for the petitioners submits that

the petitioners have clean antecedent and they have falsely been

implicated in the present case. He further submits that the
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allegation as alleged in the F.I.R is false and fabricated. He

further submits that it appears from the F.I.R as well as seizure

list that nothing has been recovered from the conscious

possession of the petitioners rather the recovery has been made

from the pickup van in question and these petitioners are neither

the owner nor the driver of the said pickup van in question.

They have been made accused in the present case merely on the

ground that these petitioners were apprehended at the place of

occurrence and they have assaulted the police personnel and

fled away from the place of occurrence. He further submits that

in fact, the petitioners were asked by the police personnel to

become the witness of the present case but the petitioners have

refused to do so therefore, they have been made accused in this

case. There is non-compliance with mandatory procedure

prescribed for recovery under Section 100 of Cr.P.C / Section

103 of Bhartiya Nagarik Suraksha Sanhita. No case, whatsoever,

would be made out against the petitioners under the Bihar

Prohibition and Excise Act.

5. Learned Additional Public Prosecutor has

vehemently opposed the prayer for anticipatory bail of the

petitioners referring the provision contained in Section 76(2) of

the Bihar Prohibition and Excise Act and submitted that the
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pre-arrest bail would not be maintainable.

6. This court is aware of the decision of the Full

Bench in the case of Ram Vinay Yadav vs. State of Bihar

reported in 2019(2) P.L.J.R. 1089. Having regard to the law laid

down in the aforesaid judgment and the submission advanced on

behalf of the parties, this Court, for the limited purpose of grant

of anticipatory bail, is inclined to accept the submission of

counsel for the petitioners.

7. Considering the aforesaid facts that nothing has

been recovered from conscious possession of the petitioners and

the petitioners have clean antecedent, let the petitioners, above

named, in the event of their arrest or surrender before the court

below within a period of thirty days from the date of receipt of

the order, be released on bail on furnishing bail bond of Rs.

10,000/- (Ten Thousand) each with two sureties of the like

amount each to the satisfaction of the learned Special Judge

Excise, Court No. III, Gaya, Bihar in connection with Excise

P.S. Case No. 326 of 2025, subject to the conditions as laid

down under Section 438(2) of the Code of Criminal Procedure /

Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and

with other following conditions:-

i. Petitioners shall co-operate in the trial and shall
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be properly represented on each and every date fixed by the

court and shall remain physically present as directed by the

court and on their absence on two consecutive dates without

sufficient reason, their bail bond shall be cancelled by the Court

below.

ii. If the petitioners tampers with the evidence or

the witnesses, in that case, the prosecution will be at liberty to

move for cancellation of bail.

iii. And further condition that the court below shall

verify the criminal antecedent of the petitioners and in case at

any stage it is found that the petitioners have concealed their

criminal antecedent, the court below shall take step for

cancellation of bail bond of the petitioners. However, the

acceptance of bail bonds in terms of the above-mentioned order

shall not be delayed for purpose of or in the name of

verification.

(Rajesh Kumar Verma, J)
Vanisha/-

U      T