Patna High Court
Manish ThakurversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The court granted anticipatory bail to the petitioner, holding that the seizure violated Section 103 of the B.N.S.S. Act and the liquor was not in the petitioner’s constructive possession.
Summary
Manish Thakur applied for anticipatory bail after the police seized 4.32 litres of foreign liquor from an open area near his house in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018. The petitioner contended that the seizure was made in a public space, not within his premises, and that the police failed to comply with the mandatory procedures of Section 103 of the B.N.S.S. Act. The State opposed the bail, arguing the alleged offence. The court examined whether the liquor was recovered from the petitioner’s constructive possession and whether the statutory search requirements were violated. Finding that the liquor was not seized from the petitioner’s premises and that Section 103 was not complied with, the court granted anticipatory bail subject to a bond and sureties, invoking Section 482(2) of the B.N.S.S., 2023.
Issues considered
- Whether anticipatory bail should be granted when the seizure of alleged illicit liquor is made from an open space not constituting the petitioner’s premises
- Whether the police complied with the mandatory provisions of Section 103 of the B.N.S.S. Act during the search and seizure
- Whether the petitioner was in constructive possession of the seized liquor
Legislation cited
- B.N.S.S. Act — s. 103, 482(2)
Subjects
- anticipatory bail
- illegal liquor
- search and seizure
- Section 103
- constructive possession
- Bihar Prohibition Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18070 of 2026
Arising Out of PS. Case No.-106 Year-2025 Thana- Bahoranpur District- Bhojpur
======================================================
Manish Thakur S/o Late Sunil Thakur Resident of Village- Chakki Nauranga,
P.S.- Bahoranpur, District- Bhojpur,
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bhavesh Kumar, Advocate
For the Opposite Party/s : Mr. Abhay Kumar Roy, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 25-03-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Bahoranpur P.S. Case No.106 of 2025, F.I.R
dated 23.10.2025 registered for the offences punishable under
Sections 30(a) of the Bihar Prohibition and Excise Amendment
Act, 2018.
3. As per the prosecution case, In brief, the
prosecution case is that on 23.10.2025, during evening patrol,
the informant received secret information that the petitioner,
Manish Thakur, was engaged in the purchase and sale of liquor
outside his house at village Chamarpur. Acting on the
information and after informing higher officials, the informant,
along with Mahal Chowkidar Prabhans Rai and the police team,
Patna High Court CR. MISC. No.18070 of 2026(2) dt.25-03-2026
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proceeded to the spot and found one person near the petitioner’s
house concealing certain articles kept on the ground. On seeing
the police, the said person fled and, despite an attempt to
apprehend him, escaped by taking advantage of darkness,
bushes, and flood water, though he was identified in the bulb
light by the Mahal Chowkidar as the petitioner. Thereafter, in
presence of police personnel, 4.32 litres of foreign liquor was
recovered from the place and seized, and a seizure list was
prepared accordingly.
4. Learned counsel for the petitioner submits that the
recovery has been made outside the house of the petitioner,
which is an open space, which is accessible to all. It has further
been submitted that the search and seizure is said to have been
made without adhering to the procedures / provisions prescribed
under Section 103 of the B.N.S.S. Act. Lastly, it has been
submitted that the petitioner has one criminal antecedent in
which he is on bail and is ready to abide by the terms and
conditions in case the privilege of anticipatory bail is extended
in their favour.
5. Learned APP for the State opposes the prayer for
anticipatory bail application.
6. Regard being had to the submission made by the
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parties, taking into consideration the fact that illicit liquor has
not been recovered from the constructive possession and / or
premises belonging to the petitioner and there is violation of
mandatory provisions of Section 103 of the B.N.S.S. Act,
accordingly, this Court is inclined to grant anticipatory bail to
the petitioner.
7. Let the petitioner, above named, be released on
anticipatory bail in the event of arrest or surrender before the
court below 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
learned Exclusive Special Excise Judge, Excise Act, Court No.1,
Bhojpur, Ara, in connection with Bahoranpur P.S. Case No.106
of 2025 subject to the condition as laid down under Section
482(2) of the B.N.S.S., 2023.
(Ajit Kumar, J)
sharun/-
U T
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