Patna High Court
Subodh ThakurversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail, subject to verification of the petitioner’s criminal antecedents, and conditioned confirmation of bail on the finding that he has no more than two prior cases.
Summary
The petitioner, Subodh Thakur, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, where police alleged recovery of liquor from bushes near his residence. He argued that the liquor was not found in his possession and the sites did not belong to him, contending that the investigation was biased due to his prior cases. The State opposed the bail, asserting the seriousness of the offence. Justice Satyavrat Verma considered the submissions and directed that the petitioner be released on provisional anticipatory bail, subject to a bail bond of Rs 10,000 and two sureties, pending verification of his criminal antecedents. The order stipulated that if more than two prior cases are found, the bail would not be confirmed; if only two are found, the bail would be confirmed. The trial court was instructed to verify the antecedents and act accordingly.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.
- Whether the recovery of liquor from premises adjacent to the petitioner’s house justifies arrest.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Section 30
- liquor seizure
- criminal antecedent
- Section 482
- Bihar Prohibition Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27204 of 2026
Arising Out of PS. Case No.-33 Year-2026 Thana- PHENHARA District- East Champaran
======================================================
Subodh Thakur Son of Late Umashankar Thakur @ Umakant Thakur
Resident of Village - Phulwariya, P.S.- Phenhara, District - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Singh
For the Opposite Party/s : Mr. Sanjay Kumar Pandey
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 23-04-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Section 30(a) of
Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of two cases and allegation is of
recovery of 70 litres of liquor from a bush situated near thatched
house of Pramod and 35 litres of liquor from another bush near
cow-shed of the petitioner. It is next submitted that petitioner
was not arrested from the spot as such nothing was recovered
from his conscious possession and even alleged recovery is
from a place which does not belong to the petitioner but then is
adjacent to his house and he came to be implicated at the
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instance of local person but then it is submitted that of late
police has started implicating accused with antecedent in cases
relating to liquor holding a proper investigation for obvious
reason.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender within a period of six weeks
from today, be released on provisional anticipatory bail on
furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with
two sureties of the like amount each to the satisfaction of the
learned trial court where the case is pending/successor court in
connection with Phenhara P.S. Case No.33/2026, subject to the
conditions as laid down under Section 482(2) of the B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of more than
two cases, in that event, it would be presumed that petitioner
had concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
on verification it is found that petitioner has antecedent of two
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cases, in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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