Narayan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59082 of 2025 Arising Out of PS. Case No.-101 Year-2025 Thana- RAFIGANJ District- Aurangabad ====================================================== Narayan Kumar S/o Bhim Chaudhary R/o Village- Ramna, P.S.- Sherghati, Distt.- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Mukul Kumari, Advocate For the Opposite Party/s :

Mr. Kanhiya Kishor, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 23-09-2025 Heard Ms. Mukul Kumari, learned counsel appearing on behalf of the petitioner and Mr. Kanhiya Kishor, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Rafiganj P.S. Case No. 101 of 2025 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2022.

3. As per the allegation made in the FIR, 249.375 litres of foreign liquor was recovered from a Toto bearing Chasis No.M3HHMPBB24J045636.

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 petitioner is

Patna High Court CR. MISC. No.59082 of 2025(2) dt.23-09-2025 2/3 the owner of the Toto bearing Chasis No.M3HHMPBB24J045636 and he had given his Toto to driver namely Golu Kumar @ Aanshu Kumar, from whose possession the recovery of illicit liquor was made and he is in custody. 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. Having considered the rival submissions made on behalf of the parties, I find that the learned District Court, under such circumstances, is required to verify from the District Transport Officer, Gaya, whether the vehicle is stolen one on the basis of Registration No., Engine number and Chassis No. M3HHMPBB24J045636.

7. If it is found that the vehicle is registered in the name of the petitioner and is not a stolen one on the basis of report of District Transport Officer, Gaya, then 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, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.59082 of 2025(2) dt.23-09-2025 3/3 the learned District Court where the case is pending, in connection with Rafiganj P.S. Case No. 101 of 2025, subject to the condition as laid down under Section 482(2) of the BNSS.

8. The District Transport Officer concerned is directed 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 Office in accordance with law.

9. Communicate a copy of this order to the District Transport Officer, Gaya and the District Collector, Gaya.

10. The learned District Court is directed to verify the criminal antecedent of the petitioner, as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioner, as what has been stated in paragraph no. 3, this order will lose its force automatically.

11. The present bail application is disposed of. (Purnendu Singh, J) Ashishsingh/- U T