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Patna High Court

Dhanoj ThakurversusThe State of Bihar

Decided
Disposal
BAIL GRANTED
Bench
ANSUL

Holding

Bail is granted to the petitioner subject to a bond of Rs.10,000 and two sureties.

Summary

Dhanoj Thakur applied for bail in a case registered under Sections 274 and 275 of the Bihar Narcotic Substances (BNS) provisions and Section 30(a) of the Bihar Prohibition and Excise Act, alleging that 236 litres of country‑made liquor were seized from four jute bags. The petitioner contended that no incriminating article was found in his possession, he had been in custody since 13‑03‑2026, and he possessed no prior criminal record. The State opposed the bail on the ground of the alleged offence. The Court, noting the absence of any seized material from the petitioner and his clean antecedents, decided to grant bail. Bail was conditioned on a bond of Rs.10,000 with two sureties of the same amount, to be approved by the Exclusive Special Judge, Excise‑II, West Champaran. The Court clarified that its observations were prima facie and would not affect the merits of the trial.

Issues considered

  • Whether bail should be granted to the accused under Sections 274, 275 BNS and Section 30(a) of the Bihar Prohibition and Excise Act when no incriminating article was recovered from his possession.
  • Whether the length of pre‑trial custody and the absence of prior criminal antecedents justify the grant of bail.

Legislation cited

Subjects

  • bail
  • excise law
  • prohibition
  • illegal liquor
  • pre‑trial detention
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.35804 of 2026
                   Arising Out of PS. Case No.-50 Year-2026 Thana- BALTHAR District- West Champaran
                 ======================================================
                 Dhanoj Thakur Son of Sannu Thakur Resident of Village- Tihuki, P.S.-
                 Pokhariya, District-Parsa (Nepal)

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Gauri Shankar Thakur, Advocate
                 For the Opposite Party/s :       Mr.Meena Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANSUL
                                       ORAL ORDER

3   08-07-2026                    Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioner seeks bail in Balthar P.S. Case No.

                   50 of 2026 registered for the offences under Sections 274 and

                   275 BNS and Section 30(a) of the Bihar Prohibition and Excise

                   Act.

                                3. The allegation is that 236 litres of country-made

                   liquor has been recovered from four jute bags.

                                4. Learned counsel for the petitioner submits that no

                   incriminating article was recovered from the possession of the

                   petitioner. He further submits that the petitioner has been in

                   custody since 13.03.2026 and has no criminal antecedents.

                                5. Learned Additional Public Prosecutor for the State

                   has vehemently opposed the prayer for bail of the petitioner.
           Patna High Court CR. MISC. No.35804 of 2026(3) dt.08-07-2026
                                                       2/2




                                   6. Considering that no incriminating article was

                     recovered from the possession of the petitioner and the

                     petitioner has been in custody since 13.03.2026 having no

                     criminal antecedents, this Court is inclined to grant bail to the

                     petitioner.

                                   7. Let the petitioner, above named, be released on bail

                     on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with

                     two sureties of the like amount each to the satisfaction of the

                     Exclusive Special Judge, Excise-II, West Champaran, Bettiah in

                     connection with Balthar P.S. Case No. 50 of 2026.

                                   8. It is made clear that any observation made herein is

                     prima facie in nature and limited solely for the purpose of

                     adjudication of the present bail application. Such observations

                     shall not be construed as an expression on the merits of the case

                     and shall not influence the trial or any other proceedings in any

                     manner.



                                                      (Ansul, J)
Vikash/-

U      T


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