Patna High Court
Jai Narayan ThakurversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The High Court granted provisional anticipatory bail to the petitioner, subject to verification of his antecedent and compliance with the stipulated conditions.
Summary
The petitioner, Jai Narayan Thakur, was implicated in an excise case for the alleged recovery of 180 litres of liquor from three vehicles, alleged to violate Sections 30(a), 32(3) and 33 of the Bihar Excise Act. He applied for anticipatory bail, asserting that he has a clean antecedent and that he was not in possession of the liquor, merely the owner of one of the vehicles used by a friend who fled the scene. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs. 500 with two sureties and a condition that the petitioner deposit Rs. 1,500 with the Lawyers’ Association. The order also stipulated that the trial court must verify the petitioner’s criminal antecedent; if any antecedent is found, the bail will not be confirmed, otherwise it will be confirmed forthwith. The court exercised its inherent powers under Section 482(2) of the CrPC to grant the bail.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the CrPC in view of the alleged offences under the Bihar Excise Act.
- Whether mere ownership of a vehicle used in the alleged excise offence suffices to justify arrest and denial of bail.
- Whether the petitioner’s claim of a clean antecedent affects the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- excise law
- vehicle ownership
- clean antecedent
- Bihar Excise Act
- Section 482 CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3471 of 2026
Arising Out of PS. Case No.-1712 Year-2025 Thana- Excise P.S. District- Muzaffarpur
======================================================
Jai Narayan Thakur Son of Mohan Thakur Resident of village - Repura
Rampur Bali, P.S.- Jaitpur (Saraiya), District - Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Bela Singh
For the Opposite Party/s : Mr.Shyam Bihari Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 29-01-2026 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 offences punishable under Sections 30(a),
32(3) and 33 of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner is a person with clean antecedent and allegation is of
recovery of 180 litres of liquor from three vehicles.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and he came to be
implicated based on the fact that he is owner of one of the
seized vehicles. It is next submitted that no prudent person
would use his own vehicle for committing an occurrence and
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thus would create evidence against himself and hence would get
implicated, it is further submitted that petitioner was completely
unaware that his friend would misuse the vehicle in the manner
as alleged, who fled from the spot.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender before the learned trial court
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
Muzaffarpur Excise P.S. Case No. 1712 of 2025, subject to the
conditions as laid down under Section 482(2) of the BNSS.
7. It is made clear that thereafter the learned Trial Court
shall verify the criminal antecedent of the petitioner and in the
event if it is found that petitioner has antecedent of even one case
then it would be presumed that petitioner, for the purposes of
seeking anticipatory bail, had concealed his antecedent before this
Court, as such, the provisional anticipatory bail order shall not be
confirmed, but after verification if it is found that petitioner is a
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person with clean antecedent in that event the provisional
anticipatory bail order shall be confirmed forthwith.
8. At this stage, the learned counsel for the petitioner
based on instruction submits that petitioner undertakes to deposit
an amount of Rs. 1,500/- with Lawyers’ Association, Patna High
Court within a period of two weeks from today.
(Satyavrat Verma, J)
Sumit/-
U T
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