Patna High Court
RANDHIR KUMAR THAKURversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court held that anticipatory bail should be granted subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
Randhir Kumar Thakur, the registered owner of a motorcycle from which 13.5 litres of illicit liquor was seized, applied for anticipatory bail fearing arrest under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that the motorcycle had been stolen prior to the incident, that he was not present at the scene, and that no incriminating article was found in his possession. The State opposed the bail, arguing the seriousness of the offence. The Court considered the petitioner’s clean antecedent, the lack of direct evidence linking him to the liquor, and his willingness to cooperate with the investigation. It held that bail could be granted conditionally, requiring a bond of Rs.10,000 with two sureties and subject to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. Consequently, the petitioner was ordered to be released on bail if arrested or surrendered within six weeks.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
- Whether the petitioner’s claim of theft of the motorcycle and lack of personal possession of the seized liquor justify bail.
- Whether the petitioner’s clean antecedent and cooperation with investigation outweigh the seriousness of the alleged offence under the Bihar Prohibition and Excise Act.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- anticipatory bail
- excise
- illicit liquor
- theft
- clean antecedent
- Section 482
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41443 of 2026
Arising Out of PS. Case No.-389 Year-2025 Thana- Excise P.S. District- Madhubani
======================================================
Randhir Kumar Thakur S/o Bilat Thakur R/o - Karahiya, P.S.- Rajnagar,
District- Madhubani.
... ... Petitioner/s
Versus
The State of Bihar. ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Shabina Talat, Advocate.
For the Opposite Party/s : Mr. Khurshid Anwar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 01-07-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Madhubani Excise P.S. Case No.389 of 2025 instituted
under Sections 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, there is recovery of
13.5 liters illicit liquor from a motorcycle bearing Registration
No.BR32AG-7404.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has been falsely implicated in this
case due to being the registered owner of the seized motorcycle.
He further submits that the concerned motorcycle was stolen
prior to the incident for which an F.I.R. was also lodged.
Learned counsel submits that petitioner was neither present on
the spot nor he has any concern with the alleged seized liquor.
Patna High Court CR. MISC. No.41443 of 2026(2) dt.01-07-2026
2/2
He further submits that no incriminating article has been
recovered from the conscious possession of petitioner. Learned
counsel submits that petitioner has got clean antecedent and he
undertakes to cooperate in the investigation and trial of the case.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
6. Considering the facts and circumstances of the
case, submissions of learned counsel for the parties and the
nature of allegation leveled against the petitioner as well as his
clean antecedent, in the event of arrest or surrender before the
Court below within six weeks from today, the petitioner be
released on bail upon furnishing bail bonds of Rs.10,000/-
(Rupees Ten Thousand) with two sureties of the like amount to
each to the satisfaction of the learned Exclusive Special Judge,
Excise, Madhubani/ concerned Court in connection with
Madhubani P.S. Case No.389 of 2025, subject to the conditions
laid down in Section 482(2) of the Bharatiya Nagarik Suraksha
Sanhita, 2023.
(Sunil Dutta Mishra, J)
Ritik/-
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