Patna High Court
Amit ThakurversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail is granted to the petitioner subject to the stipulated conditions.
Summary
The petitioner, Amit Thakur, was arrested on 10 January 2026 in connection with an excise case involving the seizure of 876 litres of whisky. He sought bail, claiming he had no conscious possession of the liquor, which was recovered from the home and vehicle of co‑accused persons, and that he has a clean antecedent. The petitioner also argued that the prosecution had failed to comply with Section 103 of the Bihar Negotiable Substances (BNSS) provisions. The Additional Public Prosecutor opposed bail. The Court, noting the petitioner’s clean record and the alleged procedural lapse, granted bail on a bond of Rs. 10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents.
Issues considered
- Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
- Whether the alleged non‑compliance of Section 103 of BNSS warrants bail.
- Whether the petitioner’s clean antecedent and lack of conscious possession justify release.
Subjects
- bail
- excise
- prohibition
- whisky seizure
- clean antecedent
- Section 30(a)
- Section 103
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20624 of 2026
Arising Out of PS. Case No.-20 Year-2026 Thana- Excise P.S. District- Darbhanga
======================================================
Amit Thakur S/o Late Uday Thakur R/o Vill- Banker's Colony, Gudari Bazar,
Station Road, P.s.- Laheriasarai, Distt- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Mili Kumari, Advocate
For the Opposite Party/s : Mr. Md. Iftekhar Mahmood, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 31-03-2026 Heard Ms. Mili Kumari, learned counsel for the
petitioner and Md. Iftekhar Mahmood, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
10.01.2026 in connection with Excise Sadar P.S. Case No. 20 of
2026, F.I.R. dated 09.01.2026 for the offences punishable under
Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
3. Recovery is of 876 liters of Whisky.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. He further submits that it appears
from the F.I.R. as well as seizure list that nothing has been
recovered from the conscious possession of the petitioner rather
the recovery has been made from from home and duster car of
Patna High Court CR. MISC. No.20624 of 2026(2) dt.31-03-2026
2/3
co-accused, Amit Thakur and the petitioner was not
apprehended at the place of occurrence rather co-accused, Amit
Thakur and two others were apprehended at the place of
occurrence. He further submits that there is non-compliance of
Section 103 of BNSS and the petitioner is in custody since
10.01.2026.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
petitioner has clean antecedent and there is non-compliance of
Section 103 of BNSS, let the petitioner, above named, be
released on bail on furnishing bail bond of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Special Judge, Excise Act-I,
Darbhanga in connection with Excise Sadar P.S. Case No. 20 of
2026, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
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.
ii. If the petitioner tampers with the evidence or the
Patna High Court CR. MISC. No.20624 of 2026(2) dt.31-03-2026
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witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. 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 antecedent, 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)
Suruchi/-
U T
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