Jitendra Sapera v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29420 of 2026 Arising Out of PS. Case No.-638 Year-2024 Thana- ISLAMPUR District- Nalanda ====================================================== Jitendra Sapera Son of Birju Sapera R/o Village - Khatolna Bigha, P.S.- Islampur, District - Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumari Sujata Sinha, Advocate.

For the Opposite Party/s :

Dr. Indiwar Kumari, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 06-05-2026 Heard learned counsel appearing on behalf of the petitioner and learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Islampur P.S. Case No. 638 of 2024 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act as amended up-to-date.

3. Allegation is of recovery of 20 litres of country made liquor from an unregistered motorcycle bearing Engine No. JC71E-T3096236 and Chassis No. ME4JC718HJT034650.

4. Learned counsel appearing on behalf of the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner has no concern either with the seized liquor or the trade of liquor in any manner. The petitioner is not the owner of the motorcycle in question. On

Patna High Court CR. MISC. No.29420 of 2026(2) dt.06-05-2026 2/3 these grounds, the 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 to the petitioner.

6. Having heard the rival submissions made on behalf of the parties, as well as, having perused the allegation made in the F.I.R., I find that the learned District Court under such circumstances is required to verify from the District Transport Officer concerned whether the motorcycle is stolen one on the basis of the Engine Number and Chassis Number as mentioned in the F.I.R. If it is found that the motorcycle is not registered in the name of the petitioner and is not a stolen one on the basis of the report of the District Transport Officer, then in that case, the petitioner, above named, be released on pre-arrest bail, in the event of his/her arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned District Court where the case is pending, in connection with Islampur P.S. Case No. 638 of 2024, subject to the condition as laid down under Section 482(2) of the BNSS.

7. The District Transport Officer concerned is directed

Patna High Court CR. MISC. No.29420 of 2026(2) dt.06-05-2026 3/3 to furnish the report before the learned District Court well within a period of two weeks. In case of failure, the learned District Court can proceed against the District Transport Officer in accordance with law.

8. Communicate a copy of this order to the concerned District Transport Officer and the District Collector.

9. The 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 Para3 of the bail petition, this order will automatically lose its force.

10. The bail application stands disposed of.

(Purnendu Singh, J) mantreshwar/- U T