Patna High Court
Gautam KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The district court must obtain the D.T.O. report and verify the motorcycle's details before deciding on the bail application.
Summary
Petitioner Gautam Kumar was arrested in connection with a case registered under Sections 30(a) and 30(d) of the Bihar Prohibition and Excise Amendment Act, 2022, after police seized raw materials, liquor and a motorcycle. He applied for pre‑arrest bail, contending that the district court had passed its order without considering the report of the District Transport Officer (D.T.O.) regarding the seized motorcycle. The High Court observed that the district court must obtain the D.T.O. report and verify the engine and chassis numbers of the motorcycle to determine ownership or theft. If the motorcycle does not belong to the petitioner or is not stolen, the district court must pass a fresh order in accordance with law. Accordingly, the bail application was disposed pending compliance with the direction.
Issues considered
- Whether the district court erred in granting/denying bail without considering the D.T.O. report on the seized motorcycle.
- Whether verification of the motorcycle's engine and chassis numbers is a prerequisite for deciding the bail application.
Subjects
- pre‑arrest bail
- motorcycle seizure
- District Transport Officer report
- ownership verification
- Bihar Prohibition and Excise Amendment Act
- district court direction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20957 of 2026
Arising Out of PS. Case No.-958 Year-2025 Thana- FATUA District- Patna
======================================================
Gautam Kumar S/O Budhu Yadav R/O Village - Abdalpur, P.S- Fatuha,
District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kaushal Kishor, Advocate
For the Opposite Party/s : Ms.Sangeeta Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 16-04-2026 Heard Mr. Kaushal Kishor, learned counsel
appearing on behalf of the petitioner and Ms. Sangeeta Sharma,
learned APP for the State.
2. Petitioner seeks pre-arrest bail in connection with
Fatuha P.S.Case No.958 of 2025, registered for the offences
punishable under Sections 30(a) and 30(d) of Bihar Prohibition
and Excise Amendment Act, 2022.
3. As per the allegation made in the FIR, the police
seized 3000 ltrs. of raw materials, 15 drums, 10 ltrs. of country-
made mahua liquor and a black coloured Splendor Motorcycle
bearing Registration No.BR03W5995 and Chasis
No.MBLJAR018H9K00758.
4. Learned counsel appearing on behalf of the
petitioner submitted that without considering the report of the
Patna High Court CR. MISC. No.20957 of 2026(2) dt.16-04-2026
2/2
District Transport Officer, the learned district court has passed
the impugned order 10.02.2026.
5. Considering the above submissions made on behalf
of the petitioner, I find that the learned district court is required
to call for the report from the District Transport Officer in
respect of the seized motorcycle and verify the Engine Number
and the Chassis Number of the motorcycle. In case, it is found
that the said motorcycle does not belong to the petitioner or it is
not stolen one, the learned district court is required to pass a
fresh order in accordance with law.
6. With the above observation/direction, the present
bail application stands disposed of.
(Purnendu Singh, J)
chn/-
U T
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