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2025 Supreme(Online)(Pat) 3858

PATNA HIGH COURT
PURNA SINGH, J
Madhav Tripathi – Appellant
Versus
The State of Bihar – Respondent
CRIMINAL MISCELLANEOUS No.82364 of 2025



Advocates:
For the Appellants/Petitioners: Mr. Mritunjay Kumar
For the Respondents: Mr. Rana Randhir Singh

The court affirms that a lack of direct involvement in the alleged crime and clean antecedents can justify granting pre-arrest bail under specific conditions.

Headnote:The petitioner seeks pre-arrest bail in connection with Excise P.S. Case No. 337 of 2025 for offences under Sections 30 (a) and 32(3) of the Bihar Prohibition and Excise Act, alleging illegal liquor recovery from the petitioner's motorcycle. The court finds that the petitioner has no prior record of similar offences and was not involved in the illicit activity, hence grants bail on specified conditions. The decision emphasizes the need to verify the criminal background of the petitioner before the bail is finalized.

2 10-12-2025 Heard Mr. Mritunjay Kumar, learned counsel appearing on behalf of the petitioner and Mr. Rana Randhir Singh , learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Excise P.S. Case No. 337 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 0.830 litres of illicit liquor from a motorcycle bearing Registration No. BR37W9924 belonging to the petitioner.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner has been implicated in the present case on the basis of registration certificate of the vehicle. Co-accused, namely, Ramnath Kumar Singh, who was apprehended on the spot, had taken away the motorcycle of the petitioner for some personal work and the petitioner had no knowledge that his vehicle is being misused for carrying illicit liquor. 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 nature of allegation made in the FIR and the criminal antecedent of the petitioner, 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 case is pending, in connection with Excise P.S. Case No. 337 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)

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