Patna High Court
Devendra Thakur @ Debendra ThakurversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court grants bail to the petitioner subject to specified conditions.
Summary
The petitioner, Devendra Thakur, was arrested in connection with a case alleging possession of 204 litres of liquor, a pistol and a revolver, and charged under Section 317(5) of the Bharatiya Nyaya Sanhita, 2023, Section 30(a) of the Bihar Prohibition and Excise Act, and Sections 25(1‑b)a, 26 and 35 of the Arms Act. The prosecution asserted that the liquor was recovered from four motorcycles and the arms from the petitioner’s house, while the petitioner contended that he was falsely implicated, no incriminating items were found in his personal possession, and the arms were recovered from a joint family house. He also highlighted his prior criminal antecedents and the alleged non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed bail, but the Court, considering the facts, custody period, and lack of direct evidence against the petitioner, decided to grant bail. Bail was set at Rs. 15,000 with two sureties and conditions regarding appearance, non‑tampering with evidence, and non‑commission of similar offences.
Issues considered
- Whether the petitioner is entitled to bail despite the seriousness of the offences under the Bharatiya Nyaya Sanhita, Bihar Prohibition and Excise Act and Arms Act.
- Whether the non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, affects the grant of bail.
- Whether the petitioner’s prior criminal antecedents preclude the grant of bail.
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 35
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103
- Bharatiya Nyaya Sanhita, 2023 — s. 317(5)
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- criminal procedure
- liquor prohibition
- arms possession
- Bharatiya Nyaya Sanhita
- Bihar Prohibition and Excise Act
- Arms Act
- Bharatiya Nagarika Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90619 of 2025
Arising Out of PS. Case No.-374 Year-2024 Thana- SONBERSA District- Sitamarhi
======================================================
Devendra Thakur @ Debendra Thakur Son of Late Suryadeb Thakur Resident
of village -Ward No 09, Pakariya, PO -Pipra Parsain, PS -Sonbarsa, Distt
-Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ayush Kumar, Advocate
For the Opposite Party/s : Mrs. Renu Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 24-02-2026 Heard Mr. Ayush Kumar, learned counsel for the
petitioner and Mrs. Renu Kumari, learned APP for the State.
Perused the case diary.
2. The petitioner seeks bail in connection with
Sonbarsa P.S. Case No. 374 of 2024 instituted for the offences
punishable under Sections 317(5) of the Bharatiya Nyaya
Sanhita, 2023, Section 30(a) of the Bihar Prohibition and Excise
Act and 25(1-b)a, 26, 35 of the Arms Act.
3. The prosecution case, in short, is that total 204 litres
of liquor was recovered from four motorcycles. It is further
alleged that pistol and revolver has also been recovered from the
house of the petitioner.
4. Learned counsel for the petitioner submitted that the
Patna High Court CR. MISC. No.90619 of 2025(3) dt.24-02-2026
2/3
petitioner has falsely been implicated in the present case. No
incriminating article has been recovered from the conscious
possession of the petitioner. Learned counsel further submitted
that petitioner is in no manner connected with the vehicles in
question or with the alleged recovery of liquor and arms.
Learned counsel further submitted that the recovery of arms has
been made from the joint house of the petitioner where other
family members of the petitioner also reside. The petitioner is in
custody since 29.08.2025 and has eleven criminal antecedents,
out of which, he has been acquitted in four cases. There is no
compliance of Section 103 of the Bharatiya Nagarika 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 as also 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, after framing
of charge, if not already framed, 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 Sonbarsa P.S. Case
Patna High Court CR. MISC. No.90619 of 2025(3) dt.24-02-2026
3/3
No. 374 of 2024, subject to the following conditions:
(I) One of the bailors shall be the petitioner’s own or a
close family member.
(II) The petitioner shall appear on each and every date
fixed during the trial and shall not remain absent on two
consecutive dates without sufficient cause.
(III) The petitioner shall not tamper with the
prosecution evidence or influence/intimidate any witness during
the course of trial.
(IV) The petitioner shall not commit any offence of a
similar nature in future.
In case of violation of any of the aforesaid conditions,
the Trial Court shall be at liberty to cancel the bail bonds of the
petitioner.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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