Pawan Rai @ Chhotu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82355 of 2025 Arising Out of PS. Case No.-255 Year-2024 Thana- PATAHI District- East Champaran ====================================================== Pawan Rai @ Chhotu Rai, male, aged about 38 years, Son of Lalbabu Ray, Resident of Village - Gonahi, Police Station - Patahi, District - East Champaran at Motihari.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashank Shekhar, Advocate For the Opposite Party/s :

Mr. Tapeshwar Sharma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 10-12-2025 Heard Mr. Shashank Shekhar, learned counsel appearing on behalf of the petitioner and Mr. Tapeshwar Sharma, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Patahi P.S. Case No. 255 of 2024 registered for the offence punishable under Sections 274, 275, 317(2) of BNS and 30 (a) of the Bihar Prohibition and Excise Act as amended up-to-date.

3. Allegation is of recovery of 70.500 litres of illicit liquor from a motorcycle bearing Registration No. BR05Q1531.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner has been falsely implicated in the present case. Petitioner has no concern with the alleged seized liquor or with the motorcycle from which the alleged

Patna High Court CR. MISC. No.82355 of 2025(2) dt.10-12-2025 2/3 illicit liquor was recovered, nor he is involved in trade of liquor in any manner. Petitioner denied his complicity in the alleged offence. 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, East Champaran, whether the vehicle is stolen one on the basis of Registration No. BR05Q1531 Engine No. JA06ERKGE58306 and Chassis No. MBLYAW10KGHG47638.

7. If it is found that the vehicle is not registered in the name of the petitioner and is not a stolen one on the basis of report of District Transport Officer, East Champaran, 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 satisfaction of the learned District Court where the case is pending, in connection with Patahi P.S. Case No. 255 of 2024,

Patna High Court CR. MISC. No.82355 of 2025(2) dt.10-12-2025 3/3 subject to the condition as laid down under Section 482(2) of the BNSS.

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

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

10. 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.

11. The present bail application is disposed of. (Purnendu Singh, J) Niraj/- U T