Sikendra Yadav @ Sikandar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72708 of 2025 Arising Out of PS. Case No.-250 Year-2025 Thana- DHAMDAHA District- Purnia ====================================================== Sikendra Yadav @ Sikandar Yadav Son of Domi Yadav R/o Village - Deori, P.S. - B.Kothi, District - Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar, Advocate.

For the Opposite Party/s :

Mrs.Meena Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 16-10-2025 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 Dhamdaha P.S. Case No. 250 of 2025 registered for the offence punishable under Sections 274/275/318(4)/338/336(3) and 3(5) of the BNS and Section 30(a) of the Bihar Prohibition and Excise Act as amended up-to-date.

3. Allegation is of recovery of 184.530 litres of illicit liquor from a four wheeler having fake registration number and having Engine No. KJCHG58491 and Chassis No. MAIYA2KJNC2G15738.

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

Patna High Court CR. MISC. No.72708 of 2025(2) dt.16-10-2025 2/3 Rohit Kumar. 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, Purnia, whether the four wheeler is stolen one on the basis of Engine No. KJCHG58491 and Chassis No. MAIYA2KJNC2G15738.

7. If it is found that the four wheeler is stolen one, in that case, the petitioner be taken into custody forthwith and if it is found that the four wheeler is not registered in the name of the petitioner and is not a stolen one on the basis of report of District Transport Officer, Purnia, 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

Patna High Court CR. MISC. No.72708 of 2025(2) dt.16-10-2025 3/3 District Court where the case is pending, in connection with Dhamdaha P.S. Case No. 250 of 2025, subject to the condition as 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, Purnia and the District Collector, Purnia.

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 T