Patna High Court
Jitendra SaperaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The court conditioned the grant of pre‑arrest bail on verification that the motorcycle is neither registered to nor stolen from the petitioner, and on surrender with bond and sureties.
Summary
Jitendra Sapera applied for pre‑arrest bail in a case alleging possession of 20 litres of illicit country‑made liquor recovered from an unregistered motorcycle. He contended that he was falsely implicated, not the owner of the vehicle, and had no involvement in liquor trade. The State opposed the bail. The High Court directed the District Transport Officer to verify whether the motorcycle was registered to the petitioner or was stolen, and ordered that if it is neither, the petitioner may be released on bail upon surrender within four weeks, subject to a Rs 10,000 bond with two sureties and conditions under Section 482(2) of the BNSS. The court also instructed verification of any prior criminal antecedents and communicated the order to the Transport Officer and District Collector. The bail application was disposed pending the verification.
Issues considered
- Whether the petitioner is entitled to pre‑arrest bail in the alleged liquor offence
- Whether the motorcycle involved is registered to or stolen from the petitioner
- Whether the conditions under Section 482(2) of the BNSS justify conditional bail
Legislation cited
- Bihar Negotiable Substances Act — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- pre‑arrest bail
- Bihar Prohibition and Excise Act
- illicit liquor
- ownership verification
- Section 30(a)
- Section 482(2)
- transport officer
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29420 of 2026
Arising Out of PS. Case No.-638 Year-2024 Thana- ISLAMPUR District- Nalanda
======================================================
Jitendra Sapera Son of Birju Sapera R/o Village - Khatolna Bigha, P.S.-
Islampur, District - Nalanda.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kumari Sujata Sinha, Advocate.
For the Opposite Party/s : Dr. Indiwar Kumari, APP.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 06-05-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Islampur P.S. Case No. 638 of 2024 registered for the
offence punishable under Section 30(a) of the Bihar Prohibition
and Excise Act as amended up-to-date.
3. Allegation is of recovery of 20 litres of country
made liquor from an unregistered motorcycle bearing Engine
No. JC71E-T3096236 and Chassis No. ME4JC718HJT034650.
4. Learned counsel appearing on behalf of the
petitioner submitted that the petitioner has falsely been
implicated in the present case. Petitioner has no concern either
with the seized liquor or the trade of liquor in any manner. The
petitioner is not the owner of the motorcycle in question. On
Patna High Court CR. MISC. No.29420 of 2026(2) dt.06-05-2026
2/3
these grounds, the 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 heard the rival submissions made on behalf
of the parties, as well as, having perused the allegation made in
the F.I.R., I find that the learned District Court under such
circumstances is required to verify from the District Transport
Officer concerned whether the motorcycle is stolen one on the
basis of the Engine Number and Chassis Number as mentioned
in the F.I.R. If it is found that the motorcycle is not registered in
the name of the petitioner and is not a stolen one on the basis of
the report of the District Transport Officer, then in that case, the
petitioner, above named, 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) each with two
sureties of the like amount each to the satisfaction of the learned
District Court where the case is pending, in connection with
Islampur P.S. Case No. 638 of 2024, subject to the condition as
laid down under Section 482(2) of the BNSS.
7. The District Transport Officer concerned is directed
Patna High Court CR. MISC. No.29420 of 2026(2) dt.06-05-2026
3/3
to furnish the 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 Officer
in accordance with law.
8. Communicate a copy of this order to the concerned
District Transport Officer and the District Collector.
9. The 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 stated in Para-
3 of the bail petition, this order will automatically lose its force.
10. The bail application stands disposed of.
(Purnendu Singh, J)
mantreshwar/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.