Upendra Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72648 of 2025 Arising Out of PS. Case No.-171 Year-2025 Thana- KACCHWA District- Rohtas ====================================================== Upendra Kumar Singh S/O Late Baldev Singh R/O Vill.- Bihta, P.S.- Imadpur, Dist.- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Akash Kumar Mishra, Advocate For the Opposite Party/s :

Mr.Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 16-10-2025 Heard learned counsel appearing on behalf of the petitioner and the learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection withKachhawan PS Case No.171 of 2025, registered for the offences punishable under 30(a) of Bihar Prohibition and Excise Act.

3. As per the allegation made in the FIR, total 448 ltrs. of country-made liquor has been recovered from the sack kept on a Tractor bearing Registration No.BR03GC 1169.

4. Learned counsel appearing on behalf of the petitioner submitted that the petitioner is innocent and he has been falsely implicated in the present case. Learned counsel further submitted that nothing has been recovered from the conscious possession of the petitioner. Petitioner has clean

Patna High Court CR. MISC. No.72648 of 2025(2) dt.16-10-2025 2/3 antecedent.

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

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 a report from the District Transport Officer concerned, who is to provide report within one week to verify as to whether the Tractor in question is registered in the name of the petitioner and not stolen one and if it is found that the Tractor is not registered in the name of the petitioner and it is not stolen one or in alternative the petitioner may produce the relevant papers to show that the said Tractor is not stolen one, then in that case, the petitioner, above named, be released on pre-arrest bail in connection with Kachhawan PS Case No.171 of 2025 pending before the court of the learned Exclusive Special Judge, Court No.1, Rohtas at Sasaram, subject to the conditions as laid down under Section 482(2) of the BNSS and the other terms and conditions as the learned district court deems fit and proper.

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

Patna High Court CR. MISC. No.72648 of 2025(2) dt.16-10-2025 3/3 stated in Para-3 of the bail petition, this order will automatically lose its force.

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