Mithlesh Singh @ Mithilesh Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63378 of 2025 Arising Out of PS. Case No.-126 Year-2018 Thana- NAUTAN District- West Champaran ====================================================== MITHLESH SINGH @ MITHILESH SINGH Son of Kedar Singh Resident of village - Rampur, Bangara, P.S.- Tareya Sujan, District - Kushinagar, State - Uttar Pradesh, Old Resident - Gamhariya, P.S.- Yadavpur, District - Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sujeet Kumar, Advocate.
For the Opposite Party/s :
Mr.Binod Kumar, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 24-09-2025 Heard Mr. Sujeet Kumar, learned counsel appearing on behalf of the petitioner and Mr. Binod Kumar, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection with Nautan P.S. Case No. 126 of 2018 registered for the offence punishable under Section 414/34 of the Indian Penal Code and Section 30(a) and 36 of the Bihar Prohibition and Excise Act as amended up-to-date.
3. Allegation is of recovery of 440 litres of country made liquor from a Maruti Suzuki bearing Registration No. MH01DA4729 and a motorcycle bearing Registration No. UP57AD0015.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.63378 of 2025(2) dt.24-09-2025 2/3 petitioner submits that the petitioner has been falsely implicated in the present case. The name of the petitioner has surfaced in the case on the disclosure made by the apprehended co-accused. Petitioner has no concern with the seized liquor or the car and motorcycle from which the huge quantity of liquor was seized, 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. Having considered the rival submissions made on behalf of the parties, I find that the learned District Court under such circumstances is required to obtain report from the District Transport Officer, West Champaran, whether the vehicles in question are registered in the name of the petitioner and not stolen one and if it is found that the vehicles are not registered in the name of the petitioner and is not a stolen, 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 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
Patna High Court CR. MISC. No.63378 of 2025(2) dt.24-09-2025 3/3 satisfaction of the learned District Court where the case is pending, in connection with Nautan P.S. Case No. 126 of 2018, 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 paragraph no. 3, this order will lose its force automatically.
8. The present bail application stands disposed of. (Purnendu Singh, J) mantreshwar/- U