Anku Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70661 of 2025 Arising Out of PS. Case No.-153 Year-2025 Thana- Marnga District- Purnia ====================================================== Anku Kumar S/O Pradip Kumar Yadav R/O Mohalla-. Maranga Ward no. 11, P.S.- Maranga, Dist.- Purnia ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mukesh Kumar Rana, Advocate For the Opposite Party/s :
Mr.Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 14-10-2025 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 Maranga P.S. Case No. 153 of 2025 registered for the offence(s) punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
3. As per the allegation made in the FIR, 177 litres of illicit liquor was recovered from a tractor that did not have a registration number.
However, its Chassis No.
MBNABACAAPRG13743 and Engine No. RPG2BBN1791 were noted. A motorcycle was also recovered from there bearing Registration No.BR11BC-1407.
4. Learned counsel appearing on behalf of the petitioner submitted that petitioner is innocent and has falsely
Patna High Court CR. MISC. No.70661 of 2025(2) dt.14-10-2025 2/3 been implicated in the present case. He further informs that the petitioner has been made accused in this case, being the owner of the seized motorcycle, however, he has no concern either with the seized tractor or with the seized liquor. Petitioner has clean antecedent.
5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.
6. Having considered the rival submissions made on behalf of the parties, as well, having perused the allegation made in the FIR, the learned District Court is directed to call for a report from the District Transport Officer concerned with respect to the actual owner of the tractor, from which recovery of illicit liquor has been made. In that case, the District Transport Officer is directed to submit the report before the learned District Court well within a period of one week. On the basis of report, the learned District Court is directed to verify, as to whether, the tractor is a stolen one or not and whether it is not registered in the name of the petitioner. If it is found that the tractor is not registered in the name of the petitioner and not a stolen one, then in that case, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the learned District Court
Patna High Court CR. MISC. No.70661 of 2025(2) dt.14-10-2025 3/3 within a period of six 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 learned Exclusive Special Judge, Excise, 01, Purnea/ Concerned Court in connection with Maranga P.S. Case No. 153 of 2025, subject to the conditions 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 and if it is found that the petitioner is involved in some other cases, as what has been stated in paragraph no.3 of the bail application, this order will automatically lose its force.
8. Further, it is made clear that in case it is found that the tractor in question is stolen one, then in that case also, this order will automatically lose its force. (Purnendu Singh, J) Sanjay/- U T