Patna High CourtCR. MISC./63317/2025disposed

Chhotu @ Chotu @ Ankit Singh v. The State Of Bihar

2025-09-24Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63317 of 2025 Arising Out of PS. Case No.-74 Year-2025 Thana- DAUDPUR District- Saran ====================================================== Chhotu @ Chotu @ Ankit Singh S/o Late Suresh Singh R/o Village- Tajpur, P.S.- Manjhi, District- Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Avinash Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 24-09-2025 Heard Mr. Avinash Kumar Pandey, learned counsel appearing on behalf of the petitioner and Mr. Narsingh Tanti, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Daudpur P.S. Case No. 74 of 2025 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

3. As per the allegation made in the FIR, total 1.62 litres of country made liquor was recovered from vehicles bearing Registration No. BR04AN1318 and Registration No. BR04L9546.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and he has been falsely implicated in the case. The petitioner is neither the owner

Patna High Court CR. MISC. No.63317 of 2025(2) dt.24-09-2025 2/3 of the said motorcycles nor anything incriminating was recovered from his conscious possession. He has no concern either with the seized liquor or trade of liquor in any manner. 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 1.62 litres of illicit country made liquor was recovered from two motorcycles, out of which one was bearing Registration No. BR04AN1318 and another was Registration No. BR04L9546, 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. In case, the same is registered in the name of the petitioner and are not stolen and the vehicles were being driven by some other persons, the petitioner cannot be held responsible for the said act of the co-accused. 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

Patna High Court CR. MISC. No.63317 of 2025(2) dt.24-09-2025 3/3 bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned learned District Court where the case is pending in connection with Daudpur P.S. Case No. 74 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