Chandan Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82393 of 2025 Arising Out of PS. Case No.-857 Year-2025 Thana- Excise P.S. District- Aurangabad ====================================================== Chandan Kumar Singh (M) aged about 38 years, Son of Vijay Kumar Singh, R/o village Beni, P.S.- Mali, District - Aurangabad. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Singh, Advocate For the Opposite Party/s :
Mr. Syed Ehteshamuddin, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 10-12-2025 Heard Mr. Ashok Singh, learned counsel appearing on behalf of the petitioner and Mr. Syed Ehteshamuddin, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection with Excise P.S. Case No. 857 of 2025 registered for the offence punishable under Sections 30 (a) and 32 (3) of the Bihar Prohibition and Excise Act as amended up-to-date.
3. Allegation is of recovery of 2.7 litres illicit liquor from a motorcycle bearing Registration No. BR26EJ 5734 belonging to the petitioner, which was parked on the road near Mali village.
4. Learned counsel appearing on behalf of the petitioner submits that the petitioner has been falsely implicated in the present case simply because the vehicle from which the
Patna High Court CR. MISC. No.82393 of 2025(2) dt.10-12-2025 2/3 illicit liquor was recovered, is registered in his name. The motorcycle of the petitioner was taken by co-accused Saurabh Kumar, who is brother-in-law of the petitioner and petitioner had no knowledge that his motorcycle was being misused for carrying liquor. The motorcycle was parked on the road near Mali village, which is an open place and easily accessible to anyone. Petitioner has no concern with the alleged seized liquor nor she is involved in 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. Considering the fact that the recovery of 2.7 litres illicit liquor was made from a motorcycle bearing Registration No. BR26EJ 5734 belonging to the petitioner, which was parked on the road near Mali village, which is an open place and easily accessible to any one, 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
Patna High Court CR. MISC. No.82393 of 2025(2) dt.10-12-2025 3/3 case is pending, in connection with Excise P.S. Case No. 857 of 2025, subject to the condition 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 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.
8. The present bail application is disposed of. (Purnendu Singh, J) Niraj/- U T