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Patna High Court

Bholu Thakur @ Aditya Kumar @ Aditaya KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioners, finding insufficient evidence of possession and procedural lapses in the seizure.

Summary

The petitioners, Bholu Thakur and Golu Thakur, were named in an FIR for alleged illegal manufacture and trade of illicit liquor, with 1114 litres recovered under Section 30(a) of the Bihar Prohibition and Excise Act. They contended that they were only joint owners of the family house, were not present at the site of recovery, and that the liquor was not in their conscious possession. They also argued that the search and seizure did not comply with Section 103(4) of the BNSS because no independent witness was present. The Additional Public Prosecutor opposed their anticipatory bail. The Court, noting the lack of prima facie evidence of physical possession and procedural lapses in the seizure, granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS.

Issues considered

  • Whether anticipatory bail should be granted to the accused under Section 438 of the CrPC in view of the alleged illegal liquor trade.
  • Whether the seizure of illicit liquor complied with the procedural requirements of Section 103(4) of the BNSS.

Legislation cited

Subjects

  • anticipatory bail
  • illegal liquor
  • search and seizure
  • Section 30
  • Section 438 CrPC
  • Section 103(4) BNSS
  • Section 482(2) BNSS

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.33269 of 2026
                   Arising Out of PS. Case No.-995 Year-2025 Thana- MUZAFFARPUR SADAR District-
                                                       Muzaffarpur
                 ======================================================
           1.     Bholu Thakur @ Aditya Kumar @ Aditaya Kumar Son of Rajiv Thakur @
                  Rajiv Kumar Resident of Village- Rup Patahi, P.S.- Sadar, District-
                  Muzaffarpur
           2.    Golu Thakur @ Ankit Kumar Son of Rajiv Thakur @ Rajiv Kumar Resident
                 of Village- Rup Patahi, P.S.- Sadar, District- Muzaffarpur

                                                                                ... ... Petitioner
                                                     Versus
                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner     :       Mr.Bela Singh, Advocate
                 For the Opposite Party :       Mr.Asha Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

3   29-06-2026                    Heard learned counsel for the petitioners and

                   learned Additional Public Prosecutor for the State.

                               2. Both accused/petitioners are named in the FIR

                   and apprehending their arrest in connection with Muzaffarpur

                   Sadar P.S. Case No.995 of 2025 registered under Section

                   30(a) of Bihar Prohibition and Excise Act.

                               3. Allegation against the petitioners is to engage in

                   illegal trade/manufacturing of illicit liquor, where there is

                   recovery of 1114 litres of IMFL/country-made liquor.

                               4. It is submitted by learned counsel appearing for

                   the petitioners that the name of these petitioners arrayed
Patna High Court CR. MISC. No.33269 of 2026(3) dt.29-06-2026
                                            2/3




          only for the reason that these petitioners are Joint owner of

          the family house. It is also submitted that the petitioners

          were not present at the place of occurrence where alleged

          illicit liquor was recovered. It is also submitted that recovery

          of illicit liquor was not made from conscious possession of

          these petitioners. It is further argued that the requirement of

          Section 103(4) of the BNSS has not been complied with,

          inasmuch as no independent witness was associated with the

          search and seizure list and the seizure witnesses were police

          personnel themselves. Explaining criminal antecedent, it is

          submitted that the petitioner no. 1 claimed clean antecedent

          and petitioner no. 2 found involved in 1 more criminal case,

          where he is on bail.

                       5. Learned APP opposed the prayer of anticipatory

          bail to the petitioners.

                       6. In view of aforesaid factual submissions and by

          taking note of the fact as recovery of illicit liquor prima facie

          not appears to be made from physical possession of these

          petitioners, accordingly, both petitioners, above-named, in

          the event of their arrest or surrender in the court below
               Patna High Court CR. MISC. No.33269 of 2026(3) dt.29-06-2026
                                                           3/3




                         within a period of four weeks from today, are directed to be

                         released on bail on furnishing bail bond of Rs.10,000/-

                         (Rupees Ten Thousand) each with two sureties of the like

                         amount each to the satisfaction of learned Court of Exclusive

                         Special Court Excise-1, Muzafarpur, in connection with

                         Muzaffarpur Sadar P.S. Case No.995 of 2025, subject to the

                         conditions as laid down under Section 438(2) of the

                         CrPC/under Section 482(2) of the BNSS.


                                                              (Chandra Shekhar Jha, J.)

aniket/-

U          T


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