Patna High Court
Shrawan Kumar ThakurversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was refused as the petitioner’s ownership of the seized motorcycle did not preclude suspicion of involvement.
Summary
The petitioner, Shrawan Kumar Thakur, sought anticipatory bail after learning that a case (No. 163 of 2025) had been registered against him for alleged offences under the Bharatiya Nyaya Sanhita and the Bihar Prohibition and Excise Act, based on the seizure of 57.42 litres of illicit liquor from a motorcycle registered in his name. The prosecution alleged that the liquor was illicit, while the petitioner contended that no incriminating material was found in his conscious possession and that he was implicated merely on suspicion, asserting a clean antecedent. The State opposed the bail application, arguing that ownership of the seized vehicle linked the petitioner to the contraband. The Court examined the relevance of ownership as a basis for anticipatory bail and concluded that mere ownership did not absolve the petitioner from suspicion. Consequently, the Court refused the petitioner's prayer for anticipatory bail.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite being the registered owner of the vehicle from which illicit liquor was seized
Legislation cited
- Bharatiya Nyaya Sanhita — s. 274, 275, 3(5)
Subjects
- anticipatory bail
- illicit liquor
- ownership of vehicle
- criminal procedure
- section 274
- section 275
- section 3(5)
- section 30(a)
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26805 of 2026
Arising Out of PS. Case No.-163 Year-2025 Thana- MADHWAPUR District- Madhubani
======================================================
Shrawan Kumar Thakur Son of Ramanand Thakur @ Ramanad Thakur
Gnyani Thakur R/o Village - Pirokhar, P.S.- Madhwapur, District -
Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Prakash, Advocate
For the Opposite Party/s : Mr. Khurshid Anwar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 28-04-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in Madhwapur P. S.
Case No. 163 of 2025 registered for the offences punishable
under Sections 274, 275, 3(5) of the Bharatiya Nyaya Sanhita
and Section 30(a) of Bihar Prohibition and Excise Act.
3. As per prosecution case, 57.42 liters illicit liquor
was recovered from the seized motorcycle of which this
petitioner is registered owner.
4. Learned counsel for the petitioner submits that no
incriminating material has been recovered from conscious
possession of the petitioner. Petitioner has got no concern with
the alleged recovery and he has been made accused in this case
only on suspicion. Petitioner claims clean antecedent.
Patna High Court CR. MISC. No.26805 of 2026(2) dt.28-04-2026
2/2
5. Learned A.P.P. for the State opposes the prayer for
bail of the petitioner.
6. Considering the fact that petitioner is owner of the
seized motorcycle, prayer for anticipatory bail of the petitioner
is refused.
(Prabhat Kumar Singh, J)
Navya/-
U T
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