Patna High Court
Kaushal Kumar ThakurversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted anticipatory bail to the petitioner subject to conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.
Summary
The petitioner, Kaushal Kumar Thakur, was implicated in a liquor seizure case (126 litres recovered from a motorcycle) and charged under IPC sections 272, 273, 414/34 and Section 30(a) of the Bihar Prohibition and Excise Act. He contended that his name appeared only because an apprehended person disclosed it, that he was merely the vehicle owner and had no knowledge of the contraband, and that the prosecution had not complied with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed his request for anticipatory bail. The Court examined the prima facie evidence and the statutory requirements, and concluded that the petitioner could be released on anticipatory bail subject to conditions. Accordingly, the Court ordered that, if arrested within six weeks, the petitioner be released on anticipatory bail upon furnishing a bail bond of Rs.15,000 with two sureties, under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail is appropriate where the petitioner is alleged owner of the vehicle but claims no knowledge of the seized liquor.
- Whether non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, bars the prosecution.
- Whether the offences under IPC and the Bihar Prohibition and Excise Act justify denial of anticipatory bail.
Legislation cited
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103, 482(2)
- Indian Penal Code — s. 272, 273, 414/34
Subjects
- anticipatory bail
- liquor seizure
- Indian Penal Code
- Bihar Prohibition and Excise Act
- vehicle ownership
- Section 103
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6679 of 2026
Arising Out of PS. Case No.-40 Year-2024 Thana- LAUKAHI District- Madhubani
======================================================
Kaushal Kumar Thakur S/O Ganesh Kumar Thakur @ Ganesh Thakur R/O
Village- Gosai Tol, P.S- Rajnagar, District- Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Jitendra Kumar Bharti, Advocate
For the Opposite Party/s : Mr.Sharda Kumari, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner apprehends his arrest in connection
with Laukahi P.S. Case No. 40 of 2024, instituted for the
offences under Sections 272, 273, 414/34 of the I.P.C. and
Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 126
litres of liquor was recovered from motorcycle.
4. Learned counsel for the petitioner submitted that
the petitioner has falsely been implicated in the present case.
The name of the petitioner transpired in this case on the basis of
disclosure made by apprehended person. The petitioner has got
no concern with the alleged recovery of liquor. The petitioner
has two criminal antecedents. The name of the petitioner has
Patna High Court CR. MISC. No.6679 of 2026(2) dt.04-02-2026
2/2
transpired as being owner of the vehicle in question and he has
no knowledge regarding the goods loaded on the vehicle. There
is no compliance of Section 103 of the Bharatiya Nagarika
Suraksha Sanhita, 2023. Learned counsel for the petitioner,
therefore, contends that prima-facie no case is made out against
the petitioner.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, let the petitioner above named, in the event of
arrest/surrender before the learned Court below within a period
of six weeks from today, be released on anticipatory bail on
furnishing bail bonds of Rs.15,000/- (Fifteen thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Laukahi P.S. Case
No. 40 of 2024, subject to the conditions as laid down under
Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita,
2023.
(Rudra Prakash Mishra, J)
manish/-
U T
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