Patna High Court
Raju Kumar ThakurversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that the petitioner is entitled to provisional anticipatory bail, subject to conditions and verification of his antecedent.
Summary
The petitioner, Raju Kumar Thakur, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for allegedly recovering 30 litres of liquor from a Toto, though he was not arrested at the spot and the liquor was not found in his conscious possession. He argued that he merely owned the vehicle used by the actual offenders and had a clean criminal record. The State opposed his application for anticipatory bail. The Court considered the petitioner's lack of direct involvement, his clean antecedent, and the statutory provisions governing anticipatory bail. It granted provisional anticipatory bail, subject to a modest bail bond, two sureties, and verification of his antecedent by the trial court. The order stipulated that if any prior case is discovered, the bail would be revoked, otherwise it would be confirmed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438(2) of the Cr.P.C. in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether ownership of the vehicle used in the alleged offence suffices to implicate the petitioner.
- Whether the petitioner's clean antecedent warrants the grant of anticipatory bail.
Legislation cited
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- Section 30(a) Bihar Prohibition and Excise Act
- clean antecedent
- vehicle ownership
- Criminal Procedure Code
- Section 438
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13908 of 2026
Arising Out of PS. Case No.-404 Year-2025 Thana- BAHADURPUR District- Darbhanga
======================================================
Raju Kumar Thakur Son of Late Vishwanath Thakur @ Vishwanath Thakur
Resident of Village - Bhawan Das J. P. Chowk, Lalbag, P.S.- Town, District -
Darbhanga (Bihar)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vinay Kumar Mishra, Advocate
For the Opposite Party/s : Ms. Veena Kumari Jaiswal, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 12-03-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Section 30(a) of the
Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 30 litres of liquor from a Toto.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession. It is further submitted
that petitioner came to be implicated based on the fact that he is
owner of the seized vehicle. It is next submitted that no prudent
person would use his own vehicle for committing an occurrence
Patna High Court CR. MISC. No.13908 of 2026(2) dt.12-03-2026
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and thus would create evidence against himself and hence
would get implicated. It is also submitted that petitioner was
completely unaware that Gulshan Kumar would misuse the
vehicle in the manner as alleged who was also apprehended
from the spot along with Anand Kumar and Md. Aasif.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, let the petitioner, above-named, in the
event of his arrest or surrender within a period of six weeks
from today, be released on provisional anticipatory bail on
furnishing bail bonds of Rs.500/- (Rupees Five Hundred) with
two sureties of the like amount each to the satisfaction of the
learned Trial Court where the case is pending/Successor Court
in connection with Bahadurpur P.S. Case No. 404 of 2025,
subject to the conditions as laid down under Section 438(2) of
the Cr.P.C./482(2) of the B.N.S.S.
7. It is made clear that thereafter the learned Trial
Court shall verify the criminal antecedent of the petitioner and if
it is found that petitioner has antecedent of even one case, it
would be presumed that petitioner had concealed his antecedent
before this Court at para 3 of the anticipatory bail application in
Patna High Court CR. MISC. No.13908 of 2026(2) dt.12-03-2026
3/3
that event the provisional anticipatory bail order shall not be
confirmed but if it is found on verification that petitioner is a
person with clean antecedent in that event the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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