Patna High CourtCR. MISC./28237/2025bail granted

Munna Kumar @ Munna Kumar Yadav v. The State Of Bihar

2025-05-07Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28237 of 2025 Arising Out of PS. Case No.-6 Year-2025 Thana- Jai Bajrang District- East Champaran ====================================================== Munna Kumar @ Munna Kumar Yadav S/o Ram Sharan Ray Resident of Village- Rajuwa Bakhari Rajua Bakhri, P.S.- Mehsi, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 07-05-2025 Heard Mr. Ajay Kumar Singh, learned counsel appearing on behalf of the petitioner and Ms. Indu Kumari Srivastava, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Jai Bajrang P.S. Case No. 06 of 2025 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. As per the allegation made in the FIR, 20 litres of illicit country made liquor was recovered from a motorcycle, bearing Registration No.BR06Y-3155.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and he has been falsely implicated in the case. He has no concern either with the seized liquor or trade of liquor in any manner. The recovery was

Patna High Court CR. MISC. No.28237 of 2025(2) dt.07-05-2025 2/3 made from a motorcycle, bearing Registration No.BR06Y-3155. The petitioner is neither the owner of the said motorcycles nor anything incriminating was recovered from his conscious possession. The petitioner's name was surfaced in the present case only on the basis of suspicion. The petitioner has clean antecedent. On these grounds, petitioner seeks to be released on pre-arrest bail.

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

6. Considering the nature of allegation made against the petitioner and the fact that altogether 20 litres of illicit country made liquor was recovered from a motorcycle, bearing Registration No.BR06Y-3155, learned District Court is directed to verify from the District Transport Officer concerned in respect of the seized motorcycles, as to whether, the same is registered in the name of the petitioner?

7. On verification of the report and the material which has been collected in course of investigation, if it is found that the petitioner is nowhere related with alleged crime, in that case, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the learned District Court within a period of four weeks from today,

Patna High Court CR. MISC. No.28237 of 2025(2) dt.07-05-2025 3/3 on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.01, East Champaran, Motihari, in connection with Jai Bajrang P.S. Case No. 06 of 2025, subject to the condition as laid down under Section 482(2) of the BNSS.

8. The learned District Court is directed to verify the criminal antecedent/s of the petitioner and if it is found that the petitioner is involved in some other cases, as what has been stated in Para-3 of the bail petition, this order will automatically lose its force.

9. The bail application stands disposed of.

(Purnendu Singh, J) Ashishsingh/- U T