Patna High Court
Jai Shankar ThakurversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
Holding
Anticipatory bail was denied as the offence involved a large quantity of illicit liquor and the petitioner had prior similar convictions.
Summary
The petitioner, Jai Shankar Thakur, sought anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly possessing 518.4 liters of illicit foreign liquor recovered from a motorcycle and bush. He contended that no incriminating article was found in his conscious possession and that he was falsely implicated on mere suspicion. The State opposed the bail, highlighting the massive quantity of liquor seized and the petitioner’s three prior criminal records, two of which were of a similar nature. The court examined the seriousness of the offence, the scale of the seizure, and the petitioner’s antecedents. Concluding that the circumstances warranted denial of bail, the court rejected the anticipatory bail application.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the circumstances of the case.
- Whether the nature of the offence, the large quantity of illicit liquor seized, and the petitioner’s prior similar convictions justify denial of anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Act
- criminal antecedents
- bail denial
- Section 30(a)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39573 of 2026
Arising Out of PS. Case No.-66 Year-2026 Thana- Panapur District- Muzaffarpur
======================================================
Jai Shankar Thakur S/o Late Rajdev Thakur Resident of Village- Chikanauta,
P.S.- Karja, District- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Ms. Nitu Kumari, Advocate
For the State : Mr. Shahabuddin Azeem @ S. Azeem, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 23-06-2026 Heard learned counsel appearing on behalf of the
petitioner and learned A.P.P. appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Section 30(a) of the
Bihar Prohibition and Excise Act.
3. As per prosecution case, in total 518.400 liters
illicit foreign liquor was recovered from a motorcycle and bush.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
committed no offence. No incriminating article has been
recovered from conscious possession of this petitioner and he
has falsely been implicated in this case merely on suspicion.
5. On the other hand, learned A.P.P. for the State has
vehemently opposed the prayer for grant of anticipatory bail to
Patna High Court CR. MISC. No.39573 of 2026(2) dt.23-06-2026
2/2
the petitioner and submitted that huge quantity of illicit liquor
was recovered. Petitioner has got three criminal antecedents out
of which two are of similar nature.
6. Considering the nature of accusation, recovery of
huge quantity of illicit liquor and the fact that petitioner has got
three criminal antecedents out of which two are of similar
nature, the prayer for grant of anticipatory bail to the petitioner
is rejected.
(Prabhat Kumar Singh, J)
shashank/-
U T
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