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Patna High Court

Kameshwar ThakurversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The anticipatory bail application is dismissed as the Supreme Court precedent does not support granting bail in the present circumstances.

Summary

The petitioner, Kameshwar Thakur, feared arrest in an excise case (PS No. 34 of 2021) filed under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act, 2016. An earlier anticipatory bail application was rejected on 10‑12‑2021, and a fresh application was filed. The Court examined the applicability of the Supreme Court’s decision in G.R. Ananda Babu v. State of Tamil Nadu (2021 SCC OnLine SC 176) to the present facts. Relying on that precedent, the High Court dismissed the anticipatory bail plea, directing the petitioner to surrender within a week. The Court also ordered the Superintendent of Police to initiate proceedings against the SHO and I.O. who had allegedly protected the petitioner since December 2021 and to submit a report.

Issues considered

  • Whether anticipatory bail can be granted in a case instituted under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act, 2016.
  • Whether the principles laid down in G.R. Ananda Babu v. State of Tamil Nadu (2021 SCC OnLine SC 176) are applicable to deny anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • Bihar Prohibition and Excise Act
  • arrest
  • Supreme Court precedent
  • bail denial

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.76031 of 2025
                   Arising Out of PS. Case No.-34 Year-2021 Thana- GOVERNMENT OFFICIAL COMP.
                                                 District- East Champaran
                 ======================================================
                 Kameshwar Thakur S/o- Hridya Nand Thakur R/v- Barwa Ps- Pipra Dist- East
                 Champaran

                                                                             ... ... Petitioner/s
                                                    Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Ms.Kanchan Kumari, Advocate
                 For the State          :      Mr.Md. Nazir Ansari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   09-02-2026                   Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                 2. The petitioner apprehends arrest in connection with

                   Excise P.S. Case No. 34 of 2021 instituted under Sections 30(a)

                   and 41(1) of the Bihar Prohibition and Excise Act, 2016.

                                 3. The anticipatory bail of the petitioner was rejected

                   on 10.12.2021. Again, the petitioner has preferred this

                   anticipatory bail application.

                                 4. Considering the judgment of the Hon’ble Supreme

                   Court in the case of G.R. Ananda Babu vs. State of Tamil Nadu

                   & Anr. reported in 2021 SCC OnLine SC 176, this application

                   is dismissed.

                                 5. The petitioner is directed to surrender within one
           Patna High Court CR. MISC. No.76031 of 2025(2) dt.09-02-2026
                                                       2/2




                     week, failing which the Superintendent of Police, East

                     Champaran will take all steps for arrest of the petitioner.

                                  6. The Superintendent of Police, East Champaran is

                     directed to initiate proceeding against all the SHO and the I.O.

                     of the case who have protected the petitioner since December,

                     2021 and submit a report to this Court.

                                  7. Let a copy of this order be communicated to the

                     Superintendent Police, East Champaran through FAX or e-mail

                     for its compliance.

                                  8. List this case after four weeks.


                                                                          (Sandeep Kumar, J)

P. Kumar

U     T


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