Umesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63580 of 2025 Arising Out of PS. Case No.-124 Year-2024 Thana- AMBA District- Aurangabad ====================================================== Umesh Kumar, aged about 25 Years, Gender-Male, Son of Buchchu Ram R/o Village- Doman Bigha, Bala Karma, P.S.- Aurangabad, District- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Rajesh Kumar, A.P.P.

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

2. The petitioner seeks pre-arrest bail in connection with Amba P.S. Case No. 124 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 140.40 litres of illicit country-made liquor from three different motorcycles bearing Registration Nos. BR26Y1432, BR26Y6677 and BR26B6405.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner has been made accused in the present case simply because one of the motorcycles from which illicit liquor was recovered, is registered in his name.

Patna High Court CR. MISC. No.63580 of 2025(2) dt.24-09-2025 2/3 Petitioner had given his motorcycle to his neighbour and he had no knowledge that his motorcycle is being misused for carrying illicit liquor. Petitioner has no concern with the seized liquor nor he is involved in trade of liquor in any manner. 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 to the petitioner.

6. Considering the rival submissions made on behalf of the parties, as well as, the nature of allegation made in the FIR, the petitioner, above 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 Amba P.S. Case No. 124 of 2024, subject to the condition as laid down under Section 482(2) of the BNSS.

7. 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

Patna High Court CR. MISC. No.63580 of 2025(2) dt.24-09-2025 3/3 paragraph no. 3, this order will lose its force automatically.

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