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Patna High Court

Indrajeet Kumar @ Indrajeet Thakur @ Gujo ThakurversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The High Court granted provisional anticipatory bail to the petitioner, subject to verification of his antecedents and compliance with the conditions imposed.

Summary

The petitioner, Indrajeet Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act for alleged recovery of 112.9 litres of liquor from a bamboo orchard not owned by him. He argued he has a clean antecedent and that the recovery was based on secret information without proper investigation, and no liquor was found in his possession at the time of arrest. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail on condition that the petitioner furnish bail bonds of Rs.500 with two sureties and that the trial court verify his antecedents. If any prior case is found, the bail will not be confirmed; otherwise, it will be confirmed immediately.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the B.N.S.S. in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act
  • Whether the alleged recovery of liquor based on secret information justifies denial of bail

Legislation cited

Subjects

  • anticipatory bail
  • Section 30(a)
  • Bihar Prohibition and Excise Act
  • clean antecedent
  • provisional bail
  • high court inherent powers

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31984 of 2026
                   Arising Out of PS. Case No.-100 Year-2025 Thana- MANSURCHAK District- Begusarai
                 ======================================================
                 Indrajeet Kumar @ Indrajeet Thakur @ Gujo Thakur S/o Dinesh Thakur
                 Resident of Village- Sohilwara, Pharpura, P.S.- Mansoorchak, District-
                 Begusarai
                                                                         ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Binod Kumar, Adv.
                                                 Mr. Amit Prakash, Adv.
                 For the Opposite Party/s :      Mr. Md. Iftekhar Mahmood, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   15-05-2026                   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.

                                 3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 112.900 litres of liquor from a bamboo orchard. 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 and he came to be implicated based on                         secret

                   information which is the easiest way to implicate someone,

                   without holding a proper investigation.

                                 4. Learned A.P.P. for the State opposes the prayer for
             Patna High Court CR. MISC. No.31984 of 2026(2) dt.15-05-2026
                                                         2/2




                       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.500/- (Rupees five hundred) 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

                       Mansurchak P.S. Case No.100/2025, 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 even one case,

                       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 is a person with clean antecedent, in that

                       event the provisional anticipatory bail order shall be confirmed

                       forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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