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Patna High Court

Chhotelal ThakurversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner subject to conditions under Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S.

Summary

The petitioner, Chhotelal Thakur, was not named in the FIR but was implicated because he owned the motorcycle from which 42.60 litres of illicit liquor were allegedly recovered under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. He contended that the seizure list lacked independent witnesses and that the liquor was not in his conscious physical possession, asserting a clean antecedent. The State opposed his prayer for anticipatory bail. The court examined the factual submissions and noted the lack of direct possession by the petitioner. Consequently, the court directed that the petitioner be released on anticipatory bail, provided he surrenders within four weeks, furnishes a bail bond of Rs.10,000 with two sureties, and complies with conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner who is not named in the FIR but is alleged to be linked to the seizure of illicit liquor.
  • Whether the recovery of illicit liquor can be said to be from the petitioner's conscious physical possession.

Legislation cited

Subjects

  • anticipatory bail
  • illicit liquor
  • Bihar Prohibition and Excise Act
  • clean antecedent
  • seizure
  • motor vehicle ownership
  • Section 438 CrPC
  • Section 482 B.N.S.S.

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9621 of 2026
                     Arising Out of PS. Case No.-355 Year-2025 Thana- GHORASAHAN District- East
                                                       Champaran
                 ======================================================
                 Chhotelal Thakur, Son of Jay Ram Thakur, Resident of village-Pithwa,
                 Jamuniya, Police Station - Ghorasahan, District - East Champaran, Bihar

                                                                                  ... ... Petitioner
                                                      Versus
                 The State of Bihar
                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Savitesh Kumar, Advocate
                 For the Opposite Party/s :      Mr. Anand Kishore Choudhary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   17-02-2026               Heard learned counsel for the petitioner and learned

                   APP for the State.

                             2. The accused-petitioner is not named in the F.I.R.

                   and apprehending his arrest in connection with Ghorasahan

                   P.S. Case No.355 of 2025 registered for the offence

                   punishable under Section 30(a) of the Bihar Prohibition and

                   Excise Act, 2018.

                             3. The allegation against the petitioner is to have in

                   possession of 42.60 litres of illicit liquor and engaged in illegal

                   trading/manufacturing of illicit liquor.

                             4. Learned counsel appearing on behalf of the

                   petitioner submitted that name of petitioner transpired in this
Patna High Court CR. MISC. No.9621 of 2026(2) dt.17-02-2026
                                            2/3




          case only for the reason that he is the registered owner of the

          motorcycle from where alleged recovery of illicit liquor was

          made. It is submitted that seizure list was not supported by

          independent witnesses rather same was supported by police

          personnel. It is submitted that the recovery of illicit liquor was

          not made from conscious physical possession of this

          petitioner, who claims to be a man of clean antecedent.

                   5. Learned A.P.P. for the State has opposed the

          prayer for anticipatory bail of the petitioner.

                   6. In view of the aforesaid factual submissions and by

          taking note of the fact as recovery of illicit liquor prima-facie

          not appears to be made from conscious physical possession of

          this petitioner, who is a man of clean antecedent, accordingly,

          above-named petitioner, in the event of his arrest/surrender

          within a period of four weeks from this order, is directed to be

          enlarged on bail on furnishing of bail bond of Rs.10,000/-

          (ten thousand only) with two sureties of the like amount each

          to the satisfaction of learned Exclusive Special Excise Court

          No.-3,      East     Champaran,          Motihari/concerned   court   in

          connection with Ghorasahan P.S. Case No.355 of 2025,
             Patna High Court CR. MISC. No.9621 of 2026(2) dt.17-02-2026
                                                         3/3




                       subject to the conditions as laid down under Section 438(2) of

                       the Cr.P.C/Section 482(2) of the Bhartiya Nagarik Suraksha

                       Sanhita (in short “B.N.S.S.”).


                                                        (Chandra Shekhar Jha, J.)
    Sanjeet/-

U        T


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