Patna High Court

Bittu Thakur @ Bikash ThakurversusThe state of Bihar

Decided: 12 January 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The Court granted provisional anticipatory bail subject to verification of the petitioner’s antecedent and compliance with the stipulated bond and surety conditions.

Summary

The petitioner, Bittu Thakur, feared arrest in a case under Section 30(a) of the Bihar Excise Act alleging recovery of 632.880 litres of liquor from a bolero pickup. He contended that he was not arrested on the spot, had no conscious possession of the liquor, was not the vehicle's owner, and was implicated solely on secret information. The State opposed his application for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.5,000 with two sureties, subject to verification of the petitioner’s criminal antecedent under Section 482(2) of the BNSS. The order stipulated that if the petitioner is found to have more than one prior case, the bail would not be confirmed; otherwise, it would be confirmed forthwith.

Issues considered

Whether anticipatory bail can be granted to the petitioner in the excise case.
Whether the reliance on secret information justifies denial of anticipatory bail.
Whether the conditions imposed under Section 482(2) of the BNSS are appropriate.

Legislation cited

BNSS — s. 482(2)

Subjects

anticipatory bail
excise law
secret information
bail conditions
Section 30
Bihar Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91031 of 2025
                     Arising Out of PS. Case No.-100 Year-2025 Thana- KAMTAUL District- Darbhanga
                 ======================================================
                 Bittu Thakur @ Bikash Thakur Son of Lakshman Thakur Resident of Village
                 - Ratanpur, P.S. - Kamtaul, Dist. - Muzaffarpur.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Sagar Kumar
                 For the Opposite Party/s :       Mr.Akbar Ali
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   12-01-2026               1.    Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                             2.    The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 632.880 litres of liquor from a

                   bolero pickup vehicle.

                             4.    Learned counsel for the petitioner submits that the

                   petitioner was not arrested from the spot as such nothing was

                   recovered from his conscious possession and is not the owner of

                   the seized vehicle and he came to be implicated based on secret

                   information which is the easiest way to implicate someone. It is
Patna High Court CR. MISC. No.91031 of 2025(2) dt.12-01-2026
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          further submitted that once an accused is implicated in a case

          relating to excise, the police starts implicating mechanically

          either at the instance of Chowkidar, local person, confessional

          statement or secret information without holding a proper

          investigation.

                   5.     Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                   6.     Considering the submissions made by the learned

          counsel for the petitioner, the petitioner above-named, in the

          event of his arrest or surrender before the learned trial court

          within a period of six weeks from today, be released on

          Provisional anticipatory bail on furnishing bail bonds of Rs.

          5,000/- (Rupees Five Thousand) with two sureties of the like

          amount each to the satisfaction of the learned trial court where

          the case is pending/successor court in connection with Kamtaul

          P.S. Case No. 100 of 2025, subject to the conditions as laid

          down under Section 482(2) of the BNSS.

                   7.     It is made clear that thereafter the learned Trial

          Court shall verify the criminal antecedent of the petitioner and

          in the event if it is found that petitioner has antecedent of more

          than one case then it would be presumed that petitioner, for the

          purposes of seeking anticipatory bail, had concealed his
              Patna High Court CR. MISC. No.91031 of 2025(2) dt.12-01-2026
                                                          3/3




                        antecedent before this Court, as such, the provisional

                        anticipatory bail order shall not be confirmed, but after

                        verification if it is found that petitioner has antecedent of one

                        case in that event the provisional anticipatory bail order shall be

                        confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T

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