Patna High Court
ANJANI KUMAR THAKUR @ ANJANI KUMARversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted to the petitioner.
Summary
Anjani Kumar Thakur was arrested on 29 January 2026 in connection with a case involving the alleged possession of 45 litres of foreign liquor, alleged under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. The liquor was recovered from beneath a heap of straw outside his house, not from his conscious possession, and the petitioner claimed a clean antecedent and false implication. The petitioner argued that the investigation failed to comply with Section 100 of the Criminal Procedure Code and that he had been detained without sufficient basis. The State opposed bail, but the court considered the lack of direct possession, the petitioner’s clean record, and procedural deficiencies. The court granted bail on a bond of Rs 10,000 with two sureties, subject to conditions of cooperation, appearance, and non‑tampering with evidence, and ordered verification of his antecedent.
Issues considered
- Whether bail should be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2018 where the alleged contraband was not found in the accused's conscious possession.
- Whether the failure to comply with Section 100 of the Criminal Procedure Code (and related procedural requirements) warrants bail.
- Whether the petitioner’s clean antecedent and claim of false implication justify release on bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 100
Subjects
- bail
- prohibition law
- excise
- foreign liquor
- possession
- criminal procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23726 of 2026
Arising Out of PS. Case No.-48 Year-2026 Thana- SAMASTIPUR MUFFASIL District-
Samastipur
======================================================
Anjani Kumar Thakur @ Anjani Kumar S/O Pravin Kumar @ Praveen Kumar
@ Pravin Kumar Thakur R/O Ward No. 8, Vishanpur, Bishunpur, Bisanpur,
P.S.- Muffasil, Dist.- Samastipur, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Keshav Bhardwaj, Advocate
For the Opposite Party/s : Mr. Lakshmi Kant Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 08-04-2026 Heard Mr. Keshav Bhardwaj, learned counsel for
the petitioner and Mr. Lakshmi Kant Sharma, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
29.01.2026 in connection with Samastipur Muffasil P.S. Case
No. 48 of 2026, F.I.R. dated 28.01.2026 for the offences
punishable under Section 30(a) of the Bihar Prohibition and
Excise Act, 2018.
3. Recovery is of 45 liters of foreign liquor.
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
Patna High Court CR. MISC. No.23726 of 2026(2) dt.08-04-2026
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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 beneath a heap of straw lying
outside the house of the petitioner and the petitioner has been
made accused merely on the basis of suspicion. He further
submits that there is non-compliance of Section 100 of
Cr.P.C/103 of BNSS and the petitioner is in custody since
29.01.2026.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner.
6. Considering the aforesaid facts and circumstances
as well as the fact that petitioner has clean antecedent and
nothing has been recovered from the conscious possession of
the petitioner, 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 Exclusive Special Judge Excise-I, Samastipur in
connection with Samastipur Muffasil P.S. Case No. 48 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
Patna High Court CR. MISC. No.23726 of 2026(2) dt.08-04-2026
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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
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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