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Patna High Court

Rintu ThakurversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that bail should be granted as the petitioner has no incriminating article in possession, no criminal antecedent, and the statutory requirement under Section 103 was not satisfied.

Summary

The petitioner, Rintu Thakur, was arrested in connection with the recovery of 604.8 litres of liquor from his dilapidated house and charged under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. He contended that he was falsely implicated, that no liquor was found in his conscious possession, and that he has no prior criminal record. The State opposed bail, arguing the seriousness of the offence. The Court noted the absence of incriminating material in the petitioner's possession, his lack of antecedents, and the non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. Consequently, the Court inclined to grant bail, ordering the petitioner to furnish a bail bond of Rs. 15,000 with two sureties of the same amount.

Issues considered

  • Whether the petitioner is entitled to bail for offences under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.
  • Whether the procedural requirements of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023 have been complied with.

Legislation cited

Subjects

  • bail
  • excise
  • prohibition act
  • liquor seizure
  • criminal procedure
  • Section 103
  • no antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10452 of 2026
                     Arising Out of PS. Case No.-28 Year-2026 Thana- Excise P.S. District- Muzaffarpur
                 ======================================================
                 Rintu Thakur S/o Ratneshwar Thakur Resident of Village - Jata Bichla Tola,
                 P.S. - Benibad, District - Muzaffarpur.

                                                                                      ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Sumit Jha, Advocate
                 For the Opposite Party/s :         Ms. Asha Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   24-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in connection with

                   Muzaffarpur Excise P.S. Case No. 28 of 2026 instituted for the

                   offences punishable under Sections 30(a), 32(3) of the Bihar

                   Prohibition and Excise Act.

                               3. The prosecution case, in short, is that total 604.800

                   litres of liquor has been recovered from the house of the

                   petitioner.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case. No

                   incriminating article has been recovered from the conscious

                   possession of the petitioner rather the recovery has been made
           Patna High Court CR. MISC. No.10452 of 2026(3) dt.24-02-2026
                                                       2/2




                     from the dilapidated house of the petitioner which is accessible

                     to public at large. The petitioner has got no concern with the

                     alleged recovery of liquor. The petitioner is in custody since

                     06.01.2026 and has no criminal antecedent. There is no

                     compliance of Section 103 of the Bharatiya Nagarika Suraksha

                     Sanhita, 2023.

                                5. Learned APP for the State has vehemently opposed

                     the prayer for grant of bail to the petitioner.

                                6. Considering the aforesaid facts and circumstances of

                     the case as also the period of custody undergone by the

                     petitioner, this Court is inclined to grant bail to the petitioner.

                                  7. Let the petitioner be released on bail on furnishing

                     bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two

                     sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Muzaffarpur Excise

                     P.S. Case No. 28 of 2026.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T


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