Patna High Court
Aman Thakur @ Aman KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
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
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 21(b), 22, 8(c)
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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