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2025 DAILYLAW 8904 (PAT)

Naresh Thakur v. The State of Bihar

CR. MISC./2909/2025 · 2025-02-13

Anil Kumar Sinha

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2909 of 2025 Arising Out of PS. Case No.-244 Year-2024 Thana- LADANIA District- Madhubani ====================================================== Naresh Thakur S/o Satto Thakur @ Satto Lal Thakur Resident of Village- Yogiya, P.S.- Ladaniya, District- Madhubani. ... ... Petitioner/s Versus 1. The State of Bihar Patna 2. The State of Bihar Advocate General office Patna High Court Patna ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Subhash Kumar Jha, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Pandey, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 2 13-02-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. 2. This application, for grant of anticipatory bail, arises out of Ladaniya P.S. Case No. 244 of 2024, corresponding to G.R. No. 1075 of 2024, registered for the offence under Section 30(a) of the Bihar Prohibition & Excise Act. 3. The prosecution case, as per the First Information Report, is that on 31.07.2024, at about 11 P:M, during the course of patrolling, informant received secret information, that the petitioner was carrying illicit liquor in the vehicle from Nepal to Khajauli. Upon such information, police intercepted the pick-up van but the driver fled away along with other co- accused person. He further submits that petitioner and other co- Patna High Court CR. MISC. No.2909 of 2025(2) dt.13-02-2025 2/3 accused person was identified by the local chaukidar. Upon search 1958.04 litre of illicit liquor has been recovered from the pick-up van bearing Registration No. BR01GC 6797. 4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case on the basis of his identification by the local chaukidar. The pick-up van from where the liquor has been recovered, does not belong to the petitioner. 6. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that vehicle from where illicit liquor has been recovered does not belong to the petitioner, I am inclined to grant the petitioner privilege of anticipatory bail. 6. This application is, accordingly, allowed. 7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge 2nd-cum-Special Judge Excise Act, Madhubani, in connection with Ladaniya, Police Station Case No. 244 of 2024, corresponding to G.R. No. 1075 of 2024, subject to the Patna High Court CR. MISC. No.2909 of 2025(2) dt.13-02-2025 3/3 condition laid down under Section 438 (2) of the Code of Criminal Procedure. Siwani/- (Anil Kumar Sinha, J) U T