Created by Fuzzy Cloud

Patna High Court

Gautam KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.