Patna High Court
Chhotelal ThakurversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
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
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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
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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/-
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