Patna High Court
Vinod Thakur @ Binod Kumar ThakurversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner subject to specified conditions.
Summary
The petitioner, Vinod Thakur, was arrested on 12‑12‑2025 for alleged possession of 2.160 litres of liquor recovered from a jute bag, alleged to be a violation of Section 30(a) of the Bihar Prohibition and Excise Act. He contended that the bag did not belong to him, no incriminating material was found in his possession, and that his arrest was based solely on suspicion, with no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail, arguing the seriousness of the offence and the petitioner’s five prior criminal antecedents, albeit all on bail. The Court examined the lack of direct evidence, the prolonged custody, and the statutory safeguards, and decided to grant bail. Bail was conditioned on a Rs.15,000 bond with two sureties, family surety requirement, regular court appearances, non‑tampering with evidence or witnesses, and a prohibition on committing similar offences.
Issues considered
- Whether bail should be granted when the accused is arrested solely on suspicion without material evidence under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants denial of bail.
- Whether the petitioner’s prior criminal antecedents affect the grant of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- excise
- possession of liquor
- Section 30(a)
- suspicion arrest
- Section 103
- criminal antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8067 of 2026
Arising Out of PS. Case No.-534 Year-2025 Thana- Excise P.S. District- Saharsa
======================================================
Vinod Thakur @ Binod Kumar Thakur S/o- Late Gopalji Thakur R/v-
Maroofganj W.No-22, Ps- Saharsa Dist- Saharsa
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Chandra Mohan Jha, Advocate
For the Opposite Party/s : Mr. Abhay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 10-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Excise
P.S. Case No. 534 of 2025, instituted for the offences punishable
under Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 2.160 liters
liquor was recovered from jute bag and the petitioner was
arrested on spot.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of liquor. Learned counsel
Patna High Court CR. MISC. No.8067 of 2026(2) dt.10-02-2026
2/3
for the petitioner also submitted that the alleged jute bag does
not belong to the petitioner. The petitioner has been arrested
only on the basis of suspicion. The petitioner is in custody since
12.12.2025 and has got five criminal antecedents in which he is
on bail. There is no compliance of Section 103 of the Bharatiya
Nagarik Suraksha Sanhita, 2023.
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 and the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Excise P.S. Case No.
534 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial and shall not remain absent on two consecutive
dates without sufficient cause.
(III) The petitioner will not tamper with the evidence
Patna High Court CR. MISC. No.8067 of 2026(2) dt.10-02-2026
3/3
or the witnesses during the trial.
(IV) Petitioner shall not commit offence of similar
nature in future.
If any of the above conditions are violated, the Trial
Court shall be at liberty to cancel the bail bonds of the
petitioner.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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