Santosh Kumar @ Santosh Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63286 of 2025 Arising Out of PS. Case No.-363 Year-2025 Thana- SUPAUL District- Supaul ====================================================== Santosh Kumar @ Santosh Kumar Paswan, aged about 27 years, Gendermale, son of Chhotelal Paswan, Resident of Village-Malhad, Ward No.16, P.S.-Supaul, District-Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md Shadab Alam Wazdi, Advocate For the Opposite Party/s :

Mr. Parmanand Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 24-09-2025 Heard Mr. Md Shadab Alam Wazdi, learned counsel appearing on behalf of the petitioner and Mr. Parmanand Prasad, learned APP for the State.

2. At the outset, learned counsel appearing on behalf of the petitioner seeks to delete the information contained in paragraph no. 8 of the bail application.

3. Permission is accorded.

4. The petitioner seeks pre-arrest bail in connection with Supaul P.S. Case No. 363 of 2025 registered for the offence punishable under Section 30 (a) of the Bihar Prohibition and Excise Act as amended up-to-date.

5. Allegation is of recovery of 245 litres of countrymade liquor from a motorcycle bearing Registration No. BR50J-

Patna High Court CR. MISC. No.63286 of 2025(2) dt.24-09-2025 2/3 1775.

6. Learned counsel appearing on behalf of the petitioner submits that the petitioner has been falsely implicated in the present case. Petitioner has no concern with the alleged seized liquor or with the motorcycle from which the alleged illicit liquor was recovered, nor he is involved in trade of liquor in any manner. Petitioner denied his complicity in the alleged offence. On these grounds, petitioner seeks to be released on pre-arrest bail.

7. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

8. 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, Supaul, whether the vehicle is stolen one on the basis of Registration No. BR50J-1775 Engine No. BE4KH2188174 and Chassis No. MD634BE48H2K90232.

9. 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, Supaul, then in that case, 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

Patna High Court CR. MISC. No.63286 of 2025(2) dt.24-09-2025 3/3 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 Supaul P.S. Case No. 363 of 2025, subject to the condition as laid down under Section 482(2) of the BNSS.

10. The District Transport Officer concerned is directed to furnish 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.

11. Communicate a copy of this order to the District Transport Officer, Supaul and the District Collector, Supaul.

12. 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.

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