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Patna High Court

Sunil Kumar ThakurversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


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