Patna High Court
Amarjeet ThakurversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail subject to bail bond, sureties, and verification of antecedents.
Summary
The petitioner, Amarjeet Thakur, sought anticipatory bail fearing arrest in a case under Sections 30(a), 41(1) and 41(2) of the Bihar Prohibition and Excise Act for alleged recovery of 4,924.8 litres of liquor from a truck. He contended that he was not arrested at the spot, did not possess the seized vehicle, and was implicated by a hostile chowkidar without proper investigation. The State opposed the bail. The High Court granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.5,000 with two sureties and that the trial court verify his criminal antecedents. If more than one prior case is found, the bail will not be confirmed; if only one prior case is found, the bail will be confirmed. The order was made under Section 482(2) of the Criminal Procedure Code.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the Bihar Prohibition and Excise Act.
- Whether the petitioner’s alleged lack of direct possession and the manner of his implication justify bail.
- Whether conditions under Section 482(2) of the CrPC are applicable.
- How the petitioner’s criminal antecedents affect confirmation of bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 41(1), 41(2)
- Criminal Procedure Code — s. 482(2)
Subjects
- anticipatory bail
- excise law
- liquor seizure
- Section 482 CrPC
- Bihar Prohibition and Excise Act
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32913 of 2026
Arising Out of PS. Case No.-137 Year-2026 Thana- SAMASTIPUR MUFFASIL District-
Samastipur
======================================================
Amarjeet Thakur S/o Ram Surat Thakur @ Arun Thakur R/o Village -
Dhudhpura Ward no. 11, P.S - Muffasil, District -Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar, Adv.
For the Opposite Party/s : Mr. Chandra Bhushan Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 14-05-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State Mr. Chandra Bhushan Prasad.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 30(a), 41(1)
and 41(2) of Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case under the Excise Act and
allegation is of recovery of 4924.8 litres of liquor from a truck.
It is next submitted that petitioner was not arrested from the spot
as such nothing was recovered from his conscious possession
and is not the owner of the seized vehicle and he came to be
implicated at the instance of chowkidar with whom he is on an
inimical term. It is also submitted that once an accused is
Patna High Court CR. MISC. No.32913 of 2026(2) dt.14-05-2026
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implicated in a case relating to excise, the police starts
implicating mechanically either through chowkidar, local
person, confessional statement or secret information without
holding a proper investigation.
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.5000/- (Rupees five 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 Samastipur (Muffasil) P.S. Case No.137/2026,
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
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
Patna High Court CR. MISC. No.32913 of 2026(2) dt.14-05-2026
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on verification it is found that petitioner has antecedent of one
case, in that event the provisional anticipatory bail order shall be
confirmed forthwith.
(Satyavrat Verma, J)
amit/-
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