Patna High Court
Sunil Kumar ThakurversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted anticipatory bail to the petitioner, holding that the seized liquor was not prima facie in his possession.
Summary
The petitioner, Sunil Kumar Thakur, was named in an FIR for alleged illegal manufacture and trade of illicit liquor, with 48.72 litres recovered from a motorcycle. He contended that the liquor was not in his conscious possession and that the seizure list lacked independent witness support, arguing that his name was mentioned only by a co-accused. The Additional Public Prosecutor opposed his request for anticipatory bail. The court examined whether the recovery of liquor could be attributed to the petitioner and considered the applicability of anticipatory bail provisions. Finding that the liquor was not prima facie in the petitioner's possession, the court directed that he be released on bail upon surrender, subject to a bond and sureties, under Section 438(2) of the CrPC and Section 482(2) of the Bihar Narcotic Substances Act.
Issues considered
- What is the applicability of anticipatory bail under Section 438 CrPC in the present case?
- Whether the recovery of illicit liquor can be attributed to the petitioner’s possession for the purpose of granting bail?
- Whether Section 482(2) of the Bihar Narcotic Substances Act can be invoked to grant bail in this context?
Legislation cited
- Bihar Narcotic Substances Act — s. 274, 275, 3(5), 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illicit liquor
- excise law
- possession
- seizure
- CrPC
- Bihar Narcotic Substances Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44934 of 2026
Arising Out of PS. Case No.-160 Year-2026 Thana- HARLAKHI District- Madhubani
======================================================
Sunil Kumar Thakur S/O Uday Thakur @ Uday Shankar Thakur R/O Village-
Umagaon, P.S - Harlakhi, District - Madhubani.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Sanjay Kumar Jha, Advocate
For the Opposite Party : Mr. Meena Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 08-07-2026 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The accused/petitioner is named in the FIR and
apprehending his arrest in connection with Harlakhi P.S.
Case No.160 of 2026 registered under Sections 274, 275,
3(5) of B.N.S. and Section 30(a) of Bihar Prohibition and
Excise Act.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 48.72 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
the petitioner that the recovery of alleged illicit liquor was
Patna High Court CR. MISC. No.44934 of 2026(2) dt.08-07-2026
2/3
made from a motorcycle, bearing Registration No.
BR3253972, which was involved in carrying illegal
consignment of liquor. It is also submitted that name of
petitioner arrayed solely on the disclosure made by
apprehended co-accused, namely, Laxmi Sahni. It is further
argued that recovery of illicit liquor was not made from
conscious possession of this petitioner. It is also submitted
that the seizure list also appears doubtful being not
supported by independent witnesses rather than by police
personnel. Explaining criminal antecedent, it is submitted
that the petitioner found involved in five more criminal
cases.
5. Learned APP opposed the prayer of anticipatory
bail to the petitioner.
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 this
petitioner, accordingly, the petitioner, above-named, in the
event of his arrest or surrender in the court below within a
period of four weeks from today, is directed to be released
Patna High Court CR. MISC. No.44934 of 2026(2) dt.08-07-2026
3/3
on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Court of Exclusive Special Judge
Excise, Madhubani, in connection with Harlakhi P.S. Case
No.160 of 2026, 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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.