Patna High Court
Surendra NutversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The court held that pre‑arrest bail may be granted conditionally pending verification of the vehicle’s ownership and the petitioner’s criminal antecedent.
Summary
The petitioner, Surendra Nut, applied for pre‑arrest bail after a FIR alleged that 15 litres of illicit liquor were seized from a motorcycle bearing registration No. BR04AL‑7811, implicating him under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he is not the owner of the motorcycle, has no involvement with the liquor, and possesses a clean antecedent. The State opposed the bail. The High Court directed the District Court to obtain a report from the District Transport Officer to ascertain the true owner of the vehicle and to verify the petitioner’s criminal antecedent. If the motorcycle is not registered in the petitioner’s name and is not stolen, he is to be released on pre‑arrest bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the BNSS. The order will lapse automatically if the petitioner is found to have other criminal cases.
Issues considered
- Whether the petitioner is entitled to pre‑arrest bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the ownership of the vehicle from which illicit liquor was seized is determinative for granting bail.
- Whether the petitioner’s criminal antecedent affects the grant of pre‑arrest bail.
Legislation cited
- Bihar Negotiable Securities Act — s. 482(2)
Subjects
- pre‑arrest bail
- Bihar Prohibition and Excise Act
- vehicle ownership
- criminal antecedent
- Section 30(a)
- Section 482(2)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8079 of 2026
Arising Out of PS. Case No.-300 Year-2025 Thana- TARAIYA District- Saran
======================================================
Surendra Nut Son of Ekam Nut R/o Village - Rajdhani, P.S. - Taraiya, Dist. -
Saran at Chapra.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Akash Ambuj, Advocate
For the Opposite Party/s : Mr.Arun Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 17-02-2026 Heard Mr. Akash Ambuj, learned counsel appearing
on behalf of the petitioner and Mr. Arun Kumar Singh, learned
APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Taraiya P.S. Case No. 300/25 registered for the offence(s)
punishable under Section 30(a) of the Bihar Prohibition and
Excise Act.
3. As per the allegation made in the FIR, 15 litres of
illicit liquor was recovered from a motorcycle bearing
Registration No.BR04AL-7811.
4. Learned counsel appearing on behalf of the
petitioner submitted that petitioner is innocent and has falsely
been implicated in the present case. Petitioner is not the owner
of the said motorcycle and he has nothing to do with the seized
Patna High Court CR. MISC. No.8079 of 2026(2) dt.17-02-2026
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liquor. Petitioner has clean antecedent.
5. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail.
6. Having heard the rival submissions made on
behalf of the parties, as well as, having perused the allegation
made against the petitioner, the District Court is directed to call
for a report from the District Transport Officer, concerned with
respect to the actual owner of the motorcycle. In case, it is
found that the said motorcycle is not registered in the name
of petitioner and the same is also not a stolen one, in that
case the petitioner, above named, is directed to be released
on pre-arrest bail, in the event of his arrest or surrender before
the learned District Court within a period of six 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 learned Concerned Court where the case is
pending in connection with Taraiya P.S. Case No. 300/25,
subject to the conditions 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 and if it is found that the
petitioner is involved in some other cases, as what has been
Patna High Court CR. MISC. No.8079 of 2026(2) dt.17-02-2026
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stated in paragraph no.3 of the bail application, this order will
automatically lose its force.
(Purnendu Singh, J)
Sanjay/-
U T
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