Patna High CourtCR. MISC./63528/2025disposed

Pradeep Sahani v. The State Of Bihar

2025-09-24Mr. Justice Purnendu Singh4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63528 of 2025 Arising Out of PS. Case No.-113 Year-2025 Thana- SUGAULI District- East Champaran ====================================================== Pradeep Sahani aged about 28 Years (Male) S/o Jatasankar Sahani @ Jata Sahani R/o Village- Mehwa, P.S.- Sugauli, Dist.- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhannjay Kumar II, Advocate For the Opposite Party/s :

Mr. Rajiv Nayan, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 24-09-2025 Heard Mr. Dhannjay Kumar II, learned counsel appearing on behalf of the petitioner and Mr. Rajiv Nayan, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Sugauli P.S. Case No. 113 of 2025 registered for the offence punishable under Section 317(5) of the BNS and Section 30 (a) of the Bihar Prohibition and Excise Act as amended up-to-date.

3. Allegation is of recovery of altogether 395 litres of country-made liquor from an unregistered Super Splendor Motorcycle having Chassis No. MBLJAR03749E1933 and Engine No. JA05EGH9E21653, from a Hero Splendor Motorcycle having Registration No. BR05N0112 and from an unregistered Super Splendor Motorcycle having Chassis No.

2/4 MBLJA05EWG9L40131 and Engine No. JA05ECG9D45161.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner has been falsely implicated in the present case due to enmity. Petitioner has no concern either with the alleged seized liquor or with the motorcycles from which the illicit liquor was recovered, nor he is involved in trade of liquor in any manner. 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 to the petitioner.

6. Considering the rival submissions made on behalf of the parties, learned District Court is directed to obtain a report from the District Transport Officer concerned in respect of unregistered Super Splendor Motorcycle having Chassis No. MBLJAR03749E1933 and Engine No. JA05EGH9E21653, Hero Splendor Motorcycle having Registration No. BR05N0112 and unregistered Super Splendor Motorcycle having Chassis No.

MBLJA05EWG9L40131 and Engine No.

JA05ECG9D45161 , and in case, on the basis of Chassis Numbers, Engine Numbers and Registration Numbers, it is found that any of the said vehicles are not registered in the name of the petitioner or are not a stolen one, the petitioner, above

3/4 named, is directed to 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) with two sureties of the like amount each to the satisfaction of the learned District Court where the case is pending, in connection with Sugauli P.S. Case No. 113 of 2025, subject to the condition as laid down under Section 482(2) of the BNSS.

7. The District Transport Officer concerned is directed to furnish above 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.

8. Communicate a copy of this order to the District Transport Officer, East Champaran and the District Collector, East Champaran.

9. The petitioner will make his attendance before the concerned police station under which his house is located every Thursday at 10:30 A.M. till conclusion of the trial and on any single default without any valid reasons on the part of the petitioner, his bail bonds shall be cancelled and the concerned SHO of the police station shall submit his

4/4 monthly attendance report to the Superintendent of Police having jurisdiction.

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) Niraj/- U