Sujit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67521 of 2025 Arising Out of PS. Case No.-140 Year-2025 Thana- KADIRGANJ District- Patna ====================================================== Sujit Kumar Son of Vijay Prasad R/o Vill. - Balapar, P.S. - Dhanarua, Dist. - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Rai, Advocate.

For the Opposite Party/s :

Mr.Sanjay Kumar Sharma, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 25-09-2025 Heard learned counsel appearing on behalf of the petitioner and learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Kadirganj P.S. Case No. 140 of 2025 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 40 litres of country made liquor from a motorcycle bearing Registration No. BR25H9774 and 15 litres of country made liquor from another motorcycle bearing Registration No. BR06BY0126.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner has falsely been implicated in the present case. The name of the petitioner has surfaced in the case on the disclosure made by the apprehended co-accused.

Patna High Court CR. MISC. No.67521 of 2025(2) dt.25-09-2025 2/3 Petitioner has no concern either with the seized liquor or the 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 verify from the District Transport Officer, Patna, whether the motorcycle is stolen one on the basis of Registration No. BR06BY0126, Chassis No. MD2A11CY4KRL12243.

7. If it is found that the motorcycle is registered in the name of the petitioner and is not a stolen one on the basis of report of District Transport Officer, Patna, then in that case, the petitioner, above named, 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) each with two sureties of the like amount each to the satisfaction of the learned District Court where the case is pending, in connection with Kadirganj P.S. Case No. 140 of 2025, subject to the condition as

Patna High Court CR. MISC. No.67521 of 2025(2) dt.25-09-2025 3/3 laid down under Section 482(2) of the BNSS.

8. The District Transport Officer concerned is directed to furnish the 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 Officer in accordance with law.

9. Communicate a copy of this order to the District Transport Officer, Patna and the District Collector, Patna.

10. The District Court is directed to verify the criminal antecedent 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.

11. The present bail application stands disposed of. (Purnendu Singh, J) mantreshwar/- U