Patna High CourtCR. MISC./10131/2025dismissed

Indrajit Singh v. The State Of Bihar

2025-03-28Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10131 of 2025 Arising Out of PS. Case No.-197 Year-2024 Thana- MAHUA District- Vaishali ====================================================== Indrajit Singh S/O Jageshwar Singh R/Vill - Paharpur, P.S - Mahua, DisttVaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Subodh Prasad, Advocate For the Opposite Party/s :

Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 28-03-2025 Heard Mr. Subodh Prasad, learned counsel appearing on behalf of the petitioner and Mr. Nand Kumar, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Mahua P.S Case No.197 of 2024 registered for the offence punishable under Section 30 (a) of the Bihar Prohibition and Excise Act.

3. Allegation is of recovery of 300 litres of countrymade liquor from different vehicles bearing registration nos. BR51AK 8369 and BR31K 2766.

4. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.10131 of 2025(2) dt.28-03-2025 2/3 petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. Nothing has been recovered from the conscious possession of the petitioner. Petitioner has no concern with the alleged seized liquor and the motorcycles, from which 300 litres of country made liquor was recovered. Petitioner is not involved either in manufacturing or in trade of illicit liquor, which is prohibited in the State of Bihar. So far as the vehicle of the petitioner is concerned, he had sold the same to one Mahesh Singh on 19.11.2015 and information in this regard has been brought on record in para-5 of the bail petition. Petitioner has clean antecedent. On these grounds, petitioner seeks to be released on pre-arrest bail.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Considering the allegation made in the FIR, as well as, the admission of the petitioner made in para-5 of the bail petition that he had sold his vehicle to one Mahesh Singh on 19.11.2015, though no valid vehicle ownership transfer document has not been brought on record, in accordance with the Motor Vehicles Act, I find that the petitioner cannot be absolved from the illicit sale of liquor in the State of Bihar and I am not inclined to enlarge the petitioner on pre-arrest bail.

Patna High Court CR. MISC. No.10131 of 2025(2) dt.28-03-2025 3/3

7. Accordingly, the present bail application stands disposed of.

(Purnendu Singh, J) Ashishsingh/- U T