Patna High Court
Anand Thakur @ Nand ThakurversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to a bond of Rs.10,000 and specified conditions.
Summary
Anand Thakur was arrested on 21 January 2026 for alleged possession of 135 litres of illicit Saufi Nepali country liquor, alleged to violate Sections 274 and 275 of the Bihar Narcotic Substances Act (BNSS) and Section 30(a) of the Bihar Prohibition & Excise Act (Amendment) 2022. The petitioner claimed he was falsely implicated, that the FIR was fabricated, and that the investigation failed to comply with Section 103 of the BNSS. The State opposed bail, noting two other pending cases, though the petitioner was already on bail in those matters. The High Court considered the facts, the nature of the offences, and the petitioner’s claim of innocence, and ordered that bail be granted on a bond of Rs.10,000 with two sureties and several conditions regarding trial cooperation, evidence tampering, and verification of criminal antecedents. The order directed that the bail bond be accepted without delay for verification purposes.
Issues considered
- Whether bail should be granted in a case involving alleged offences under Sections 274 and 275 of the BNSS and Section 30(a) of the Bihar Prohibition & Excise Act, 2022.
- Whether the alleged non‑compliance of Section 103 of the BNSS warrants denial of bail.
- Whether the petitioner’s pending criminal matters affect the grant of bail in the present case.
Legislation cited
- Bihar Narcotic Substances Act — s. 103, 274, 275
Subjects
- bail
- illicit liquor
- excise law
- BNSS
- Section 274
- Section 275
- Section 30(a)
- Section 103
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15111 of 2026
Arising Out of PS. Case No.-15 Year-2026 Thana- BASOPATTI District- Madhubani
======================================================
Anand Thakur @ Nand Thakur Son of Ramchandra Thakur @ Dukhi Thakur
R/o - Parsa, P.S - Basopatti, District - Madhubani Present Resident of Village-
Basopatti Purvi, Ps- Basopatti, Dist- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Sanjay Kumar Jha, Advocate
For the State : Mr. Navin Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 10-03-2026 Heard Mr. Sanjay Kumar Jha, learned counsel for the
petitioner and Mr. Navin Kumar Pandey, learned APP for the
State.
2. Petitioner seeks bail, who is in custody since
21.01.2026, in connection with Basopatti P.S. Case No. 15 of
2026, F.I.R. dated 21.01.2026 registered for the offences
punishable under Sections 274 and 275 of the B.N.S. and
Section 30(a) of the Bihar Prohibition & Excise Act
(Amendment) Act, 2022.
3. Recovery is of 135 litres of Saufi Nepali made
country liquor.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in the
Patna High Court CR. MISC. No.15111 of 2026(2) dt.10-03-2026
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present case. He further submits that the allegation as alleged in
the F.I.R. is false and fabricated and the petitioner has not
committed any offence as alleged in the F.I.R. It appears from
the F.I.R. as well as seizure list that altogether 135 litres of Saufi
Nepali-made country liquor was recovered from the possession
of the petitioner. He further submits that there is non-
compliance of Section 103 of BNSS, 2023 and the petitioner is
in custody since 21.01.2026.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner and submits that the petitioner carries two more cases
other than the present one but fairly submits on the basis of
paragraph-3 of the bail petition that the petitioner is on bail in
the pending matters.
6. Considering the facts and circumstances of the
case, let the petitioner, above named, be released on bail on
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned Exclusive Special Judge Excise Act, Madhubani in
connection with Basopatti P.S. Case No. 15 of 2026, subject to
the following conditions :-
(1) Petitioner shall co-operate in the trial and shall be
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properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ibrar//-
U T
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