Patna High CourtCR. MISC./63163/2025disposed

Shivam Kumar v. The State Of Bihar

2025-09-24Mr. Justice Purnendu Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63163 of 2025 Arising Out of PS. Case No.-120 Year-2025 Thana- MATIHANI District- Begusarai ====================================================== Shivam Kumar S/o Manoj Kuwar @ Manoj Kumar R/o Village - Maniyapa, P.S - Begusarai, District - Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Archana Anand, Advocate For the Opposite Party/s :

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

2. The petitioner seeks pre-arrest bail in connection with Matihani P.S.Case No.120 of 2025, registered for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2016.

3. As per the allegation made in the FIR, in course of the patrolling, the Police recovered 294 ltrs. of foreign liquor from a Toyta Car bearing Registration No.WE06 6045, which was parked in a shed near the house of the petitioner.

4. Ms. Archana Anand, learned counsel appearing on behalf of the petitioner submitted that the vehicle bearing Registration No.WB 06 6045, from which 294 ltrs. of foreign liquor was recovered, does not belong to the petitioner. Petitioner has no criminal antecedent.

Patna High Court CR. MISC. No.63163 of 2025(2) dt.24-09-2025 2/2

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, Begusarai, whether the vehicle is stolen one on the basis of Registration No.WE06 6045 Engine No. 1222872893 and Chassis No. MBJ53ZEC2068367950407.

7. If it is found that the vehicle is not registered in the name of the petitioner and is not a stolen one on the basis of report of District Transport Officer, Begusarai, then in that case, the petitioner, above named, is directed to be released on prearrest bail in connection with Matihani P.S.Case No.120 of 2025, subject to conditions as laid down under Section 482(2) of BNS and the other terms and conditions as the learned district court deems fit and proper.

8. With the above observation/direction, the present bail application stands disposed of.

(Purnendu Singh, J) chn/- U T