Surendra Kumar @ Surendra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25358 of 2026 Arising Out of PS. Case No.-74 Year-2023 Thana- THAKRAHA District- West Champaran ====================================================== Surendra Kumar @ Surendra S/O Vineshwari @ Bindeshwari Kushwaha R/O Gauri Ibrahim, P.S- Seorahi, Distt.- Kushinagar (Utter Pradesh). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Milind Kumar Mishra, Advocae For the Opposite Party/s :

Mr.Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 22-04-2026 Heard Mr. Milind Kumar Mishra, learned counsel appearing on behalf of the petitioner and Mr. Mritunjay Kumar Nirala, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Thakraha P.S.Case No.74 of 2023, registered for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per the allegation made in the FIR, the police seized 16.400 ltrs. of country-made liquor from a motorcycle.

4. The learned counsel appearing on behalf of the petitioner submitted that the petitioner is not involved in either sale or consumption of the liquor. He is the registered owner of the vehicle but has already sold the said motorcycle to one Mustafa on 05.02.2022.

5. Learned APP for the State vehemently opposed the

Patna High Court CR. MISC. No.25358 of 2026(2) dt.22-04-2026 2/2 prayer for grant of pre-arrest bail.

6. Having heard the rival submissions of the parties, as well as, considering the fact that the petitioner is the registered owner of the vehicle but he has already sold the same to one Musfata on 05.02.2022, the petitioner is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the district court within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned district court where the case is pending in connection with Thakraha P.S.Case No.74 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C./Section 482(2) of BNSS.

7. The learned district court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in paragraph No.3 of the bail application, this order will automatically lose its force.

(Purnendu Singh, J) chn/- U T