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Patna High Court

Aman Thakur @ Aman KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner.

Summary

Aman Thakur applied for anticipatory bail fearing arrest in a case registered under the Bihar Prohibition and Excise Act, 2016 (sec. 30(a)) and the NDPS Act, 1985 (secs. 8(c), 21(b), 22). The prosecution alleged that 1.875 litres of IMFL and 100 grams of brown sugar were seized from co‑accused Samir Anand, who named the petitioner as an accomplice. The petitioner argued that no incriminating article was found on him, he had no criminal antecedent, and the co‑accused’s statement was the sole link. The State opposed the bail. The High Court, after considering the lack of material against the petitioner and his clean record, ordered that he be released on anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties, if arrested or surrendered within four weeks.

Issues considered

  • Whether anticipatory bail should be granted when the petitioner is implicated only by a co‑accused’s statement and no incriminating article is recovered from his possession.
  • Whether the petitioner’s clean antecedent and willingness to cooperate justify the grant of anticipatory bail under the relevant statutes.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • NDPS Act
  • co‑accused statement
  • bail bond
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31261 of 2026
                   Arising Out of PS. Case No.-29 Year-2026 Thana- MOUZAHIDPUR District- Bhagalpur
                 ======================================================
                 Aman Thakur @ Aman Kumar S/o- Sunil Thakur R/vill -Sikandarpur, Nauwa
                 toli PS- Mojahidpur Dist-Bhagalpur


                                                                                 ... ... Petitioner/s
                                                       Versus
                 The State of Bihar


                                                                           ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Vivekanand Vivek, Advocate
                 For the Opposite Party/s :      Mr. Shailendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                    ORAL ORDER

2   13-05-2026                   1. Heard learned counsel for the parties.

                                 2. The petitioner has preferred this application for

                   grant of anticipatory bail apprehending his arrest in connection

                   with Mojahidpur P.S. Case no. 29 of 2026 registered under

                   section 30(a) of the Bihar Prohibition and Excise Act, 2016 and

                   sections 8(c), 21(b) and 22 of the Narcotic Drugs and

                   Psychotropic Substances Act, 1985.

                                 3. As per the prosecution case, 1.875 litres of IMFL

                   and 100 grams of brown sugar was recovered from the

                   possession of one Samir Anand who on enquiry disclosed the

                   name of his accomplices which included the petitioner herein.
Patna High Court CR. MISC. No.31261 of 2026(2) dt.13-05-2026
                                            2/3




                       4. Learned counsel for the petitioner submits that no

          incriminating article has been recovered from the petitioner’s

          possession who has been falsely implicated in the case in the

          confessional statement of co-accused made before police. There

          is no other material to connect the petitioner with the alleged

          crime. The petitioner has no criminal antecedent and undertakes

          to cooperate in the investigation/trial.

                       5. The application for anticipatory bail is opposed by

          learned A.P.P. for the State.

                       6. Having heard learned counsel for the parties and

          taking into consideration the allegations in the F.I.R. wherein

          various articles are said to have been recovered from the

          possession of the co-accused Samir Anand, the name of the

          petitioner transpiring in the statement of the said co-accused as

          an accomplice, no incriminating article having been recovered

          from the petitioner’s possession and specially the petitioner not

          having any antecedent, in the facts of the case, it is directed that

          the petitioner above named, in the event of his arrest or

          surrender before the learned Court below within a period of four

          weeks, be released on anticipatory bail in connection with

          Mojahidpur P.S. Case no. 29 of 2026 on furnishing bail bond of

          Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
           Patna High Court CR. MISC. No.31261 of 2026(2) dt.13-05-2026
                                                       3/3




                     amount each to the satisfaction of the learned Sessions Judge,

                     Bhagalpur.



                                                 (Partha Sarthy, J)
sauravkrsinha/-

U      T


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