Patna High Court
Tribhuwan Thakur @ Tribhuvan ThakurversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that the petitioner is entitled to bail, subject to conditions, despite the reliance on a co-accused's confession.
Summary
Tribhuvan Thakur was arrested in connection with an alleged illicit liquor consignment under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022. The FIR was based primarily on a written report by an informant and the confessional statement of co-accused Om Prakash Yadav, as the petitioner’s name was not originally mentioned. The petitioner argued that there was no independent evidence linking him to the offence and sought bail, while the State highlighted a prior case against him. The court examined whether the confession of a co-accused sufficed to justify continued detention and considered the petitioner’s antecedent. Concluding that the evidence was insufficient to deny bail, the court granted bail with monetary sureties and specific conditions, including cooperation with the trial and verification of criminal antecedents.
Issues considered
- Whether the petitioner is entitled to bail when the only incriminating material is the confessional statement of a co-accused.
- Whether the petitioner’s prior criminal case affects the grant of bail.
- Whether the prosecution has established sufficient grounds to keep the petitioner in custody.
Subjects
- bail
- illicit liquor
- prohibition law
- confessional statement
- co-accused
- criminal antecedent
- Section 30(a)
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30502 of 2026
Arising Out of PS. Case No.-224 Year-2025 Thana- NIRMALI District- Supaul
======================================================
Tribhuwan Thakur @ Tribhuvan Thakur S/O Kapaleshwar Thakur R/O Vill.-
Hariraha, P.s.- Anhramath, District- Madhubani
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Prasoon Kumar, Advocate
For the Opposite Party/s : Mr. Manoj Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 05-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
26.03.2026 in connection with Nirmali P.S. Case No. 224 of
2025 for the offence punishable under Section 30(a) of Bihar
Prohibition and Excise Amendment Act, 2022.
3. The case of the prosecution, in brief, is that this
instant F.I.R. has been institute on the basis of a self- prepared
written report prepared and submitted by one Nihal Kumar who
states and submits in his report that on 16/12/2025 at about 15:
20 P.M. when the informant was on patrolling duty along with
other police officials then he got a secret information that three
persons namely Om Prakash Yadav, Tribhuvan Thakur and the
present petitioner is bring the consignment of illicit liquor from
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outside and all of them are indulge in illegal storage and
transportation of liquor. And after that it is further alleged for
verification of the aforesaid information the informant along
with other police officials have reached near Hariyahi Pul then
after approx. 15 minutes he found that three motorcycles is
coming from Hatiya Pul side and upon seeing the police
vehicles has turned back and tried to fled away out of which
with the help of raiding team one person along with three
motorcycles was apprehended. And after that it is further alleged
that. upon enquiry from the apprehended person he discloses his
name as Om Prakash Yadav and the persons who fled away
were identified as Tribhuvan Thakur (petitioner) and Sohit
Kumar Yadav. And after that it is further alleged that two
motorcycles in which on one Hero Splendor Tribhavan Thakur
and on Glamour motorcycle Sohit Kumar Thakur were sitting
and both of them fled away by leaving their motorcycles on the
spot and there was no any independent witness available on the
spot. And after that two persons from the police party were
made as independent witness and in presence of them the search
and seizure process has been initiated and during which three
motorcycles out of which one T.V.S. BR-11AJ-6374, Apache
bearing its registration no. Engine no. CE4DK2308107 and
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Chasis no. MD634CE45K2D08556 has been recovered from the
person apprehended out of which in total 108 liters of illicit
liquor and after that in total 324 liters of Nepali Country made
liquor and three motorcycles one Apache, one Splendor
motorcycle bearing its engine no HA10AGLHAF0149 and
Chasis no. MBLHAW090LH70303 and one Glamour
motorcycle bearing its registration no. JA06EHH9G14167 and
Chasis no. MBLJAR017H9G03164 were alleged to be
recovered from the spot and after that seizure list was duly made
in accordance with law and a copy of the alleged seizure has
been handed over to the apprehended person and thereafter the
apprehended person along with three motorcycles was bring to
the police station and hence the F.I.R.
4. Learned counsel for the petitioner submits that
initially the petitioner was not named in the FIR and the name of
the petitioner has transpired on the basis of confessional
statement of co-accused, Om Prakash Yadav @ Om Prakash
Kumar and except the confessional statement of co-accused
person nothing has come to suggest the involvement of
petitioner in the present occurrence and the said Om Prakash
Yadav who has confessed the name of the petitioner has been
granted bail vide order dated 31.01.2026 passed in Cr. Misc. No.
Patna High Court CR. MISC. No.30502 of 2026(2) dt.05-05-2026
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5685 of 2026 and petitioner is in custody since 26.3.2026.
5. The learned Additional Public Prosecutor for State
has vehemently opposed the prayer for bail of the petitioner and
submits that petitioner has antecedent of one case other than the
present case but fairly submits that petitioner is on bail in the
pending matter.
6. Considering the aforesaid facts and circumstances,
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
Exclusive Court-II, Supaul in connection with Nirmali P.S. Case
No. 224 of 2025, 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
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
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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)
Gaurav Sinha/-
U T
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